Ross v. Conoco, Inc.

|rAMY, Judge,

dissenting.

I respectfully dissent from the majority’s determination that a reversal is required. Although I do not find merit in either argument advanced by the plaintiffs, I turn first to the question of whether punitive damages are available against the defendants through La.Civ.Code art. 2324. At the time the alleged injuries were sustained, the punitive damages article under which the plaintiffs are attempting to recover, La.Civ.Code art. 2315.3, provided:

In addition to general and special damages, exemplary damages may be awarded, if it is proved that the plaintiffs injuries…