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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 22 FROM : CLERK OF SUPREME COURT OF LOUISIANA The Opinion handed down on the 14th day of March, 2008, is as follows:

PER CURIAM: 2007-C -1915 C/W 2007-C -1998 TERRELL PARFAIT v. TRANSOCEAN OFFSHORE, INC., AND SHELL OIL PRODUCTS CO. (Parish of Orleans) Accordingly, we now hold that, because the en banc panel of the court of appeal remains evenly split, no majority has concurred to reverse or modify the trial court's damages award and, thus, the effect of the court of appeal vote is to affirm the trial court's judgment on damages as rendered. Remaining otherwise as written, the decree of the court of appeal shall now read as follows: Judgment in favor of Plaintiff is reversed, in part, to dismiss his claims against Shell and to vacate the damage award. Judgment in favor of Plaintiff is amended in part, to cast Transocean 100% at fault and award Plaintiff total damages in the amount of $1,701,029.11. Retired Judge Lemmie O. Hightower, assigned as Associate Justice Ad Hoc, sitting for Associate Justice Chet D. Traylor, recused. KIMBALL, J., concurs in the result and assigns reasons. VICTORY, J., dissents from the per curiam and concurs in the order and assigns reasons. WEIMER, J., dissents in part and concurs in part for the reasons assigned by Justice Victory. HIGHTOWER, J., dissents from the per curiam for the reasons assigned by Justice Victory and concurs in the order.

03/14/2008

SUPREME COURT OF LOUISIANA

No. 2007-C-1915 c/w No. 2007-C-1998

TERRELL PARFAIT v. TRANSOCEAN OFFSHORE, INC., AND SHELL OIL PRODUCTS CO.

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS

PER CURIAM* After entertaining oral argument on whether to grant writs on the limited issue of the effect and propriety of the court of appeal's decree, we grant writs in part to resolve a difficult and novel issue of Louisiana law. Namely, we now determine the effect of an en banc judgment rendered by a court of appeal that has been unable to issue a majority decree regarding damages. For the following reasons, we now hold that, in such a situation, an en banc judgment that fails to reverse or modify a trial court's damages award has the effect of affirming the trial court award.1 FACTS AND PROCEDURAL HISTORY Following a January 20, 2004 trial in this personal injury case, a jury found, inter alia, that pursuant to 46 U.S.C. App.

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