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Subsequently, the fourth amended petition alleged that
“plaintiffs”--that is, both petitioner and CRI--suffered mental
anguish, torment, and heartache. Lindsey filed a motion to
strike the fourth amended petition because it was filed 22 days
late under the trial court's docket control order. The trial
court granted this motion and struck the fourth amended petition
in January 1992.
In the second and third amended petitions, CRI and
petitioner claimed $10 million in actual damages and $5 million
in punitive damages.
Lindsey, and CRI and petitioner, retained expert witnesses
to give testimony regarding the economic damages resulting from
the well blowout. An expert for CRI and petitioner estimated the
total losses as a result of damage to the well and lost
production capacity at a present value of more than $3 million in
March of 1991. An expert for Lindsey concluded that the well had
never been commercially viable. No experts were retained to
testify with respect to personal injuries of petitioner.
However, CRI and petitioner did take the deposition of at least
five eyewitnesses to Halliburton's actions at the blowout.
Neither Lindsey or Halliburton deposed petitioner.
On or about April 24, 1989, Halliburton served CRI and
petitioner with interrogatories, to which they jointly responded.
The interrogatories and responses included the following:
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