New Orleans, LA – A man is suing a number of corporations for allegedly exposing him to hazardous asbestos fibres while living close to the defendants’ asbestos manufacturing plants and through the work clothes of his father.
Merlin Landry has filed a lawsuit against 31 defendant corporations in connection with his regular exposure to toxic asbestos fibers and subsequent development of a terminal cancer known as malignant mesothelioma.
The following defendant companies are either miners or manufacturers or sellers or distributors or contractors of asbestos: ANCO Insulations Incorporated; Asbestos Corporation Limited; Zurich American Insurance Company; Burmaster Land and Development Company LLC; Hopeman Brothers Incorporated; Eagle Incorporated; International Paper Company; Liberty Mutual Insurance Company; McCarty Corporation; Owens Illinois Incorporated; Metropolitan Life Insurance Company; Reilly-Benton Company; Taylor-Seidenbach Incorporated; Uniroyal Incorporated and Viacom Incorporated.
The following defendant companies are sued as employers or premise owners: Avondale Industries; Union Carbide Corporation; OneBeacon Insurance Company; Murphy Oil USA; Shell Oil Company; Shell Chemical, Chevron USA Inc.; Pharmacia Corporation; URS Corporation; Wyeth Holding Corporation and ExxonMobil.
Following are the insurance defendants: Maryland Casualty Company; Continental Insurance Company; Federal Insurance Company; Travelers Casualty and Surety Company; and Insurance Company of N. America.
According to the plaintiff, he was regularly exposed to elevated levels of dangerous asbestos from 3 sources: living close to plants manufacturing asbestos; living close to scrap metal depositories; and asbestos fibers that his father brought home while working with Walk Haydel Incorporated and Avondale Shipyard as a draughtsman. According to the suit, the plaintiff lived close to scrap metal depositories and asbestos manufacturing plants between 1940 and 1970.
The defendant companies are being sued on counts of: strict products liability for manufacturing, mining, supplying, selling, distributing and utilizing inherently hazardous, risky product; defective design; fraudulent concealment; and failure to warn. The companies are accused of failing: to provide safety instructions; to design products safely; to warn regarding the hazards associated with their product; to recall unacceptably defective products; and to safely packaging the products. Employers allegedly failed: to provide workers with a safe work environment; to follow vital safety guidelines; to warn the plaintiff’s father; and to monitor or oversee the situation.
The plaintiff is seeking an unspecified amount in medical expenses and costs, lost earnings, physical pain, mental anguish, emotional pain, loss of quality and enjoyments of life, and physical disability.
The case will be presided over by Division J Judge Hon. Paula A Brown.