Watkins v. Exxon Mobil Corp.

Iil respectfully concur and assign reasons.

I

I first note, lest someone overlook the issue, that we are not deciding that the plaintiff can recover from any defendant for damages related to TENORM or NORM. We are only deciding the issues of whether La. C.C. art. 2315.1 provides a prescriptive or peremptive period1 and whether the plaintiffs petition states a cause of action for exemplary damages.

Secondly, my view of the issues before us is significantly colored by the history of article 2315.1, which, in my view, makes it clear that the issue of whether article 2315.1 is prescriptive or…