The Dow Chemical Co. secured two defense dismissals in separate lawsuits involving incidents at its Louisiana sites, as announced on February 27, 2025. Trial lawyers with Jordan, Lynch & Cancienne successfully defended Dow against claims of negligence brought by contractors Jontrell Saizon and Nicholas Blanchard. These legal victories limit Dow's liability in these cases.
In Mr. Saizon's case, who was injured in April 2020, Louisiana District Court Judge Kevin Kimbal granted Dow's motion for summary judgment on January 27, 2025. The court agreed with Dow's argument that the 'intentional act' exception to workers' compensation exclusivity applies only if Dow knew an incident was substantially certain to occur and proceeded anyway, which was not the case.
For Mr. Blanchard's case, involving an injury in December 2022, the trial court's denial of Dow's motion for summary judgment was appealed. The First Court of Appeals in Baton Rouge reversed the trial court's decision on February 14, 2025, and entered judgment in Dow's favor. These rulings mean Dow's exclusive remedy against the plaintiffs is limited to workers' compensation benefits, avoiding significant damages.
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