Lester v. Exxon Mobil Corp.

hi concur in that portion of the majority opinion which affirms the awards of damages for increased risk of cancer.

I also concur in the awards for medical monitoring but on a different basis than that expressed in the majority opinion. In reviewing a factfinder’s conclusions with regard to special damages, an appellate court must satisfy a two-prong test based on the record as a whole: There must be no reasonable factual basis for the trial court’s conclusions, and the finding must be clearly wrong. Lester v. Exxon Mobil Corp., 10-743, p. 13 (La.App. 5 Cir. 5/31/12), 102 So.3d 148, 159, writ…