96 0525 La.App. 4 Cir. 10/21/98, Asbestos v. Bordelon, Inc.
| Decision Date | 21 October 1998 |
| Citation | 726 So.2d 926 |
| Parties | 96 0525 La.App. 4 Cir |
| Court | Court of Appeal of Louisiana — District of US |
Stephen B. Murray, Joseph A. Race, Murray Law Firm, New Orleans, Louisiana, Timothy W. Porter, Patrick C. Malouf, Wm. Roberts Wilson, Jr., P.A., Jackson, Mississippi, for Plaintiffs-Appellants.
Mack E. Barham, Robert E. Arceneaux, Travis L. Bourgeois, Barham & Arceneaux, New Orleans, Louisiana, for Garlock, Inc.
Michael T. Cali, James H. Brown, Jr., John J. Hainkel, III, Greg A. Pellegrini, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for Owens-Corning Fiberglas Corporation.
Robert E. Kerrigan, Jr., A. Wendel Stout, III, Janet L. MacDonell, William C. Harrison, Lisa C. Winter, Janice M. Culotta, Deutsch, Kerrigan & Stiles, L.L.P., New Orleans, Louisiana, for Flexitallic, Inc.
Earle C. Cooley, Christopher J. Cunio, Cooley, Manion, Moore & Jones, L.L.P., Boston, Massachusetts, Edward B. McDonough, Jr., Edward B. McDonough, Jr., P.C., Mobile, Alabama, William L. Crull, III, Edward J. Castaing, Jr., Edward J. Lilly, Jonathan M. Herman, Crull, Castaing & Lilly, New Orleans, Louisiana, for A.W. Chesterton Co.
Catherine I. Chavarri, Maria I. O'Byrne Stephenson, Aimee Lonergan, Stephenson, Matthews & Chavarri, L.L.C., New Orleans, Louisiana, for Rock Wool Manufacturing Company.
Court composed of Judge ROBERT J. KLEES and Judge WILLIAM H. BYRNES, III and Judge CHARLES R. JONES.
[96 0525 La.App. 4 Cir. 1] JONES, Judge.
This appeal arises out of a consolidated lawsuit filed by approximately 2995 individuals employed at Avondale Shipyards between 1938 and 1995. The lawsuits giving rise to this appeal were instituted on behalf of individuals who were exposed to asbestos while working at Avondale Shipyards. The Plaintiffs claim that as a result of their exposure they suffered asbestosis, cancer, or other health problems related to continuous exposure to asbestos. The Defendants are a number of companies who manufactured and supplied asbestos-containing products to Avondale Shipyards. For judicial economy the Plaintiffs or their survivors were divided into "Flights" of approximately 10 individuals. Flights One and Two are the subjects of this appeal.
Due to the nature of shipbuilding and repair, the Plaintiffs in this case were exposed to different levels of asbestos at different times, under a variety of conditions, and at diverse locations within the shipyard. The Plaintiffs' exposures were scattered and varied throughout the shipyard. Plaintiffs' petitions allege that individuals contracted a variety of medical problems, namely asbestosis and lung [96 0525 La.App. 4 Cir. 2] cancer, as a result of their exposure to asbestos.
Flight One Plaintiffs consist of the following seven individuals: Clifton Abadie, Horace Bordelon, Jr., Joseph Constant, Thomas Naquin, Clovis Orgeron, Robert Terrebonne, and Clifton Washington.
Flight Two Plaintiffs consist of the following seven individuals: Louis Duplantis, Romain Duronslet, Willie Jackson, Nelson LaBorde, Dean Mefferd, Lester Plaisance, and Louis Rodriquez.
The Defendants in this matter fall into two distinct categories. The first are the manufacturers and suppliers of asbestos containing products, and the second are the manufacturers of respiratory devices used to reduce asbestos exposure. The Defendants in Flights One and Two are Owens-Corning Fiberglass Corporation (OCF), Owens-Illinois, Inc., Pittsburgh-Corning Corporation, Rock Wool Manufacturing Company, Anchor Packing Company, Fibreboard Corporation, Garlock, Inc., A.W. Chesterson Company, Flexitallic, Inc., Hopeman Brothers, Inc., Westinghouse Electric Corporation, and Uniroyal, Inc.
Plaintiffs' former employer, Avondale Shipyards, along with certain executive officers, were also named as Defendants in this matter. However, Avondale negotiated a settlement with Plaintiffs in Flights One and Two, thereby avoiding litigation.
The Flight One trial began on January 19, 1994. The Defendants in Flight One were OCF, Owens-Illinois, Pittsburgh-Corning, Rock Wool, Fibreboard, and Flexitallic. The other Defendants were either dismissed by the trial court or negotiated settlements prior to trial. During the course of the Flight One trial, the trial court granted a motion for directed verdict in favor of Flexitallic. At the conclusion of the Flight One trial the jury returned verdicts awarding damages to the [96 0525 La.App. 4 Cir. 3] following Plaintiffs: Joseph Constant ($375,000), Clovis Orgeron, Sr. ($375,000), and Horace Bordelon, Jr. ($200,000).
Plaintiff, Clifton Washington, died prior to the commencement of the trial; however, the jury awarded damages to his wife and children under their wrongful death and survival actions. Albertha Washington, the Plaintiff's spouse received $300,000 in damages for her wrongful death claim. Kenneth and Chris Washington, the Plaintiff's children, received $50,000 each for their wrongful death claims. The jury also awarded the Washingtons $100,000 for their survival action claim. The judgments were entered March 18, 1994. Subsequently, in Flight One, each judgment awarding monetary damages was reduced by a single virile share to reflect the settlement Fibreboard negotiated after the verdict.
The jury also awarded monetary damages to Clifton Abadie, Thomas Naquin, and Robert Terrebonne. Disregarding the jury's monetary awards to Mr. Abadie, Mr. Naquin, and Mr. Terrebonne, the trial court rendered and signed judgments against these three plaintiffs in favor of the defendants. The trial court's judgments were consistent with the jury's determinations that neither of the three plaintiffs suffered an asbestos related injury. As a result Mr. Abadie, Mr. Naquin, and Mr. Terrebonne were denied the monetary damages established by the jury. These three plaintiffs then filed motions for judgment notwithstanding the verdict (JNOV) and in the alternative motions for a new trial. The trial court denied both motions.
The Flight Two trial commenced on June 22, 1994. The Defendants in Flight Two were OCF, Owens-Illinois, Pittsburgh-Corning, Rock Wool, Anchor Packing, Garlock, A.W. Chesterson, Flexitallic, Hopeman Brothers, and Westinghouse. Prior to trial other Flight Two Defendants were dismissed by the trial court or they negotiated a settlement with the Plaintiffs.
[96 0525 La.App. 4 Cir. 4] At the completion of the Flight Two trial the jury returned verdicts awarding damages to the following parties: Nelson LaBorde ($375,000), Louis Rodriquez ($300,000), Willie Jackson ($250,000), and Louis Duplantis ($300,000). After the verdicts in favor of the Plaintiffs, A.W. Chesterton filed motions for JNOV or, in the alternative, a motion for a new trial. The trial court granted Chesterton's JNOVs to all Flight Two plaintiffs except Dean Mefferd and Romain Duronselet. The jury awarded both of these Plaintiffs damages in the amount $250,000 against Defendants, A.W. Chesterson and Garlock. The judgments were entered by the trial court on December 16, 1994. Subsequently, in Flight Two each monetary judgment awarding damages was reduced by the virile shares represented by three of the Avondale executive officers, each of whom had settled with the Plaintiffs but had been found liable, by the jury, for their Plaintiffs' injuries.
Plaintiff, Lester Plaisance, was dismissed by the trial court from the lawsuit when OCF and other Defendants moved for a directed verdict at the close of the Plaintiff's case, on the grounds that Lester Plaisance's claim had prescribed prior to his filing suit in October 1991.
These consolidated appeals arise from rulings by the trial court and the jury verdicts entered in favor of both the Plaintiffs and Defendants in both flights.
The asbestos-containing products complained of in Flights One and Two involved thermal pipe insulation, cement blocks, asbestos cloth, and gaskets.
The thermal pipe insulation called "Kaylo insulation" was manufactured by Owens-Illinois (Owens), and Owens-Illinois was later taken over by Owens-Corning Fiberglass (OCF) in May, 1958. Kaylo insulation was composed from raw material that was mined from the earth, and included two types of asbestos fibers--amosite [96 0525 La.App. 4 Cir. 5] and chrysolite.
The asbestos component of Kaylo insulation made it susceptible to temperatures ranging from 1200 to 1800 degrees Fahrenheit. Kaylo insulation came in two half-moon, crescent-shaped pieces. Once the Kaylo pipe insulation package was opened, the insulator would measure the pipe to which he wanted to apply the insulation, then cut the Kaylo insulation with a handsaw, tie both pieces together with a wire and wrap asbestos cloth around the pipe and secure it with asbestos cement for added protection.
Fibreboard Corporation (Fibreboard ), also manufactured thermal pipe insulation called PABCO which was similar in structure and composition to that of Kaylo, but was not as widely used by Avondale employees. Pittsburgh Corning Corporation (Pittsburgh ), manufactured a product called Unibestos thermal insulation. 1
A.W. Chesterton Company (Chesterton), manufactured both asbestos and non-asbestos white braided packing material which was designed to seal the valves in the engine rooms of the naval vessels at Avondale.
Flexitallic, Inc., (Flexitallic) and Garlock, Inc., (Garlock) manufactured gaskets and packaging material which were used in the engine and boiler rooms of the vessels. Gaskets were used as a sealant between adjoining flanges, and the packing material was used between the valves to prevent leakage through the valve stem.
Rock Wool Manufacturing Company, (Rock Wool), manufactured two asbestos containing cements called One Shot cement and Delta Maid AF cement. As stated earlier, cement was used...
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Asbestos v. Bordelon, Inc., 96-CA-0525.
... ... See also Egan v. Kaiser Aluminum & Chemical Corp., 94-1939 (La.App. 4 Cir. 5/22/96), 677 So.2d 1027, 1035, writ denied, 96-2401 (La.12/6/96), ... ...