Perfect Equipment Corp. v. Louisiana Recycling, Inc.

Supreme Court of Louisiana
Perfect Equipment Corp. v. Louisiana Recycling, Inc., 661 So. 2d 1354 (La. 1995)
1995 La. LEXIS 2617; 1995 WL 638314
Calogero

Perfect Equipment Corp. v. Louisiana Recycling, Inc.

Concurring Opinion

CALOGERO, C.J.,

concurs in the denial of the writ and assigns reasons. I concur for the limited purpose of expressing my view that the court of appeal erred in applying La.R.S. 30:2204.1 as a defense to a claim under La.R.S. 30:2271 et seq. Knowledge on the part of the defendant that a hazardous substance was disposed of is not necessary for imposition of liability under La.R.S. 30:2271 et seq. The proper defenses to liability under La.R.S. 30:2271 et seq. in this instance, are found in La.R.S. 30:2277.

Opinion of the Court

In re Perfect Equipment Corporation;— Plaintiff(s); applying for -writ of certiorari and/or review; Parish of Caddo, First Judicial District Court, Div. “B”, No. 388217; to the Court of Appeal, Second Circuit, No. 26986-CA.

Denied.

Reference

Full Case Name
PERFECT EQUIPMENT CORPORATION v. LOUISIANA RECYCLING, INC.
Status
Published