See the case summary following the opinion granting the motion for rehearing and withdawing this opinion, Wagoner v. Chevron USA Inc., 55 So. 3d 12, 178 0.&G.R. 978 (La. App. 2010). Judges: Before BROWN, WILLIAMS, and PEATROSS, JJ. BROWN, CHIEF JUDGE The Wagoner family bought a 193-acre tract in the Lake St. John Oil Field in Concordia Parish in September 2004. After the purchase, they discovered that the property had been contaminated and damaged by oil and gas operations. The trial court denied the Wagoners the right to sue the past operators who were responsible for the contamination and damage. The trial court held that this tort/contract action was a personal right and that the owner of real property who sells it after damage has occurred, but without assigning the right to the damages, is the proper person to sue for the damages. The Wagoners have appealed this ruling and other rulings on other exceptions granted by the trial court. We reverse in part and remand.
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机译:Wagoner诉Chevron USA Inc.,55So。 3d 12,178 0。 978(La。App。2010)。评委:在布朗,威廉姆斯和皮特罗斯之前,JJ。布朗,首席法官Wagoner一家于2004年9月在Concordia Parish的St. John油田购买了193英亩的土地。购买后,他们发现该物业已受到石油和天然气运营的污染和破坏。初审法院否认瓦格纳斯公司有权起诉对污染和损坏负有责任的过去的经营者。初审法院认为,该侵权/合同诉讼是一项个人权利,在损害发生后出售但不转让损害赔偿权的不动产所有人是起诉损害赔偿的适当人选。 Wagoners已就该判决和其他判决对初审法院准予的其他例外情况提出上诉。我们部分扭转并退还。
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