Abram v. EPEC Oil Co., 2005-0626, 936 So.2d 209 (La. App. 4 Cir. 6/28/06), writ denied 2006-2147, 942 So.2d 537 (La. 11/17/06)
A man was exposed to asbestos at the Tenneco refinery and the Flintkote plant in Chalmette and developed asbestosis as a result. The jury in the trial awarded damages to the man’s family. Upon appeal, the defendant tried to claim that the case was not filed in a timely manner. However, the Fourth Circuit rejected the claim and upheld the finding of the trial court. The trial court had ruled that Mr. Abram and other workers at the refinery had not been properly protected from asbestos exposure, ruling that three executive officers with Tenneco were negligent.
Graves v. Riverwood Intern. Corp., 41,810 (La. App. 2 Cir. 1/31/07), 2007 WL 258273, __ So.2d __
In this Louisiana mesothelioma appeals case, the Second Circuit upheld the jury verdict. The jury ruled in favor of the family of Walter Graves, who was an employee at a West Monroe paper mill. The trial court rule that the evidence supported the finding that Mr. Graves had developed mesothelioma before the disease became compensable through the state’s workers’ compensation law.
Thomas v. A.P. Green Industries, Inc., 2005-1064, 933 So.2d 843 (La. App. 4 Cir. 5/31/06)
Namon Joshua was exposed to asbestos while working on the construction of an Entergy (f/k/a Louisiana Power & Light Company) plant. Mr. Joshua, a carpenter, eventually succumbed to lung cancer that was related to the asbestos exposure. The jury in the original trial ruled in favor of Mr. Joshua’s family, and that verdict was upheld by the Fourth Circuit. The appellate court upheld the finding that there was enough evidence to establish that Entergy was in breach of its duty of reasonable care for persons on its premises. While the amount of wrongful death damages was reduced by the appellate court, the award is believed to be one of the largest in Louisiana for a victim of asbestos-related lung cancer.
Results depend on the facts of each case.