Graves v. Riverwood Intern. Corp., 41,810 (La. App. 2 Cir. 1/31/07), 2007 WL 258273, __ So.2d __
The Second Circuit affirmed a jury verdict in favor of the family of a man who worked at a paper mill in West Monroe, La. The court held that the evidence supported a finding that Walter Graves had contracted mesothelioma before that disease became compensable under workers’ compensation.
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)
The trial court awarded damages to the family of a man who developed asbestosis from his exposure to asbestos at the Flintkote plant and the Tenneco refinery in Chalmette, La. The Fourth Circuit rejected the defendant’s claim that the case was not filed timely and upheld the trial court’s finding that three Tenneco executive officers were negligent in failing to protect Mr. Abram and other workers from asbestos exposure at the refinery.
Thomas v. A.P. Green Industries, Inc., 2005-1064, 933 So.2d 843 (La. App. 4 Cir. 5/31/06)
The Fourth Circuit upheld a jury verdict in favor of the family of Namon Joshua, a carpenter who died of asbestos-related lung cancer. The appellate court found that the evidence was sufficient to establish that Entergy (f/k/a Louisiana Power & Light Company) breached its duty of reasonable care for persons on its premises by exposing Mr. Joshua to asbestos during the construction of the power plant. The appellate court also reduced the wrongful death damages, but even after the reduction, the award is believed to be one of the largest in Louisiana for an asbestos-related lung cancer victim.
Results depend on the facts of each case.