Mesothelioma/Asbestos

March 27, 2010

Asbestos Exposure: Proving your Case When There are Multiple Defendants

According to a 2004 decision of the Louisiana Court of Appeals, the survivors of a New Orleans longshoreman will not be able to recover damages from corporate defendants Buck Kreihs and Dixie Machine. The Plaintiff, Mr. Vodanovich, worked as a longshoreman from 1948 to 1986. Part of his job was to load and unload asbestos cargo at several wharves along the Mississippi. It was at this job that he sometimes worked alongside the defendants employees who performed maintenance on the same ships.

Vodanovich was diagnosed with malignant mesothelioma in 2001. He died in 2002. Prior to his death he brought a lawsuit against Buck Kreihs and Dixie Machine. The defendants were granted summary judgment in 2003 when a trial court found that there was no issue of material fact as to whether or not the defendant’s actions led to the plaintiff’s exposure to asbestos and caused his death. On appeal, the Fourth Circuit Court of Appeals agreed with the trial court and affirmed the defendants’ summary judgment motion.

Summary judgment is proper when the pleadings, depositions, answers, admissions, and affidavits on file in a case show no issues of material fact to be decided by a jury. As such the moving party is entitled to judgment as a matter of law. Summary judgment effectively dismisses the case of a party that, according to the court, will not be able to prove their burden if the case to go to trial.

March 23, 2010

Case of West Monroe Paper Mill Demonstrates Changes in Mesothelioma Law

by Berniard Law Firm

Louisiana law governing a victim’s recovery for on-the-job exposure to hazardous substances like asbestos has changed quite a bit in the last half-century. The amount a victim can recover – and the way in which they must do so – can be very different depending upon when the victim was exposed to asbestos. One particular case involving a West Monroe paper mill illustrates how critical the date of exposure to asbestos is to a victim’s ability to recover.

The case of Graves v. Riverwood International Corp., 949 So.2d 576 (La. Ct. App. 2007), starts with a fairly straightforward story. Walter Graves worked at a paper mill in West Monroe from 1943 until 1986. During the term of his employment there, he was frequently exposed to asbestos-containing insulation materials. His employer failed to warn him about asbestos, provide him with protective equipment, or educate him about techniques to minimize his personal danger. When Walter was later diagnosed with mesothelioma, he sued the owners of the mill because of the frequent and excessive exposure to asbestos on the job. Walter died shortly after being diagnosed. His family carried on the lawsuit.

The courts had little trouble determining that Mr. Graves’ employer was liable to Walter and his family for exposing Walter to asbestos. The courts found Walter’s employer was “strictly liable” because asbestos poses an unreasonable risk of harm to others. Furthermore, Walter’s employer had control and ownership of the dangerous materials. Finally, Walter endured “significant exposure” to that asbestos, which resulted in his injury – mesothelioma.

March 22, 2010

Asbestos a dangerous matter for all involved

by Berniard Law Firm

In 1994, Conoco, Inc. initiated construction on a project that required the demolition of abandoned homes in Westlake, Louisiana. Along with demolition, the project required the evacuation and removal of soil. The soil, which contained asbestos, was distributed to homeowners that spread the soil on the lawns of their homes.

According to La. C.C. art. 2315.2:

“In addition to general and special damages, exemplary damages may be awarded, if it is proved that plaintiff’s injuries were caused by the defendant’s wanton or reckless disregard for public safety in the storage, handling, or transportation of hazardous or toxic substances.”

March 12, 2010

Recent Deaths in New Orleans Stem from Mesothelioma

by Berniard Law Firm

Asbestos. Mesothelioma. Two terms commonly thrown around in the media, on the news, and even on the internet. But what exactly do they mean, how much of a threat are they to your health, and what can you do about it?

Asbestos are naturally occurring minerals that when inhaled can be very dangerous. These miniscule minerals, commonly referred to as fibers, build up scar-like tissue in the lungs and impede them from healthy functioning. Common sources of asbestos include disturbed or damaged insulation, dry wall, cement, roof shingles, and even floor tiles. Anyone who has come into contact with they materials in their lives may be at risk of coming into contact with asbestos.

Mesothelioma on the other hand is a form of cancer that affects the lining of the body’s internal organs. This lining is referred to as mesothelium. Symptoms of mesothelioma include chest pains, shortness of breath, wheezing, and fatigue. Cancer.gov reports that although mesothelioma is rare, rates have been on the rise over the past few decades.