Kinder Gas, Inc. v. Reynolds
84 So. 3d 695
La. Ct. App.2012Background
- 1960 surface lease of 15 acres in Kinder between Reynolds family (landowners/lessors) and Hunt Petroleum and successors; Kinder Gas later acquired the lease and is the plaintiff in reconvention.
- Reynolds family filed reconventional demand alleging damage from gas processing facilities, contamination, and ongoing nuisance/ trespass; Gas Company Defendants asserted defenses including prescription and prematurity.
- Reynolds asserted tort claims (strict liability, nuisance, continuing trespass) and contract claims (breach of lease/restoration obligations) against the Gas Company Defendants.
- Trial court dismissed Reynolds’ tort claims as prescribed and contract claims as premature, and denied other motions; Reynolds appealed.
- Evidence chronology showed ongoing discussions about contamination since 1997, with a key knowledge trigger in a January 14, 2008 letter noting possible environmental problems; surface oil stains known since 2003.
- Court affirmed trial court’s rulings, applying Marin, Hogg, Corbello, and Dore to conclude prescription and prematurity were proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prescription for tort claims | Reynolds argues no knowledge of damages before 2010; contra non valentem applies. | Gas Defendants contend knowledge of possible contamination by Jan 14, 2008 triggered prescription. | Affirmed: prescription valid; knowledge by Jan 14, 2008 started one-year period. |
| Prematurity of contract claims | Marin/Corbello logic allows ongoing lease claims; prematurity not applicable. | Corbello/Dore show restoration claims arise after lease ends; prematurity bars ongoing claims. | Affirmed: contractual claims arising during ongoing lease are premature; dismissed without prejudice. |
Key Cases Cited
- Marin v. Exxon Mobil Corp., 48 So.3d 234 (La. 2010) (knowledge/ damages in property contamination prescriptive analysis)
- Hogg v. Chevron USA, Inc., 45 So.3d 991 (La. 2010) (application of Marin to contamination cases)
- Corbello v. Iowa Production, 850 So.2d 686 (La. 2003) (duty to restore does not arise until lease expiration; some claims during existence are premature)