Arabie v. Northwest Min. Corp., 89-440
| Court | Court of Appeal of Louisiana (US) |
| Writing for the Court | LABORDE |
| Citation | 567 So.2d 783 |
| Parties | Alvin ARABIE and Velma Marie Arabie, Plaintiffs-Appellants, v. NORTHWEST MINING CORPORATION, et al., Defendants-Appellees. |
| Docket Number | No. 89-440,89-440 |
| Decision Date | 03 October 1990 |
Page 783
v.
NORTHWEST MINING CORPORATION, et al., Defendants-Appellees.
Third Circuit.
Page 784
Baggett, McCall & Burgess, Wm. B. Baggett, Thomas V. Alonzo, Lake Charles, for plaintiffs-appellants.
Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Patrick J. Hanna, Rebecca F. Doherty, Lafayette, Hulse, Nelson & Wanek, Craig R. Nelson, Denise M. D'Aunoy, New Orleans, Barnett, Pitre, Yoes & Kay, Henry E. Yoes, III, Guillory & McCall, Wm. T. McCall, Lake Charles, DeMartini, LeBlanc, D'Aquila & Volk, P.L.C., Jerome M. Volk, Jr., Kenner, Phelps, Dunbar, Marks, Claverie & Sims, Stephen P. Hall, New Orleans, James L. Pate, Lafayette, for defendants-appellees.
Before GUIDRY, STOKER and LABORDE, JJ.
LABORDE, Judge.
The issue presented for our consideration by plaintiffs, Alvin Arabie and Velma Marie Arabie, is whether the trial court erred in maintaining peremptory exceptions of prescription in favor of defendants, Lone Star Industries, Inc., Clemco Industries, Inc., and Clemtex, Ltd. We reverse and remand to the trial court for further proceedings consistent with this opinion.
The rather scant record before us reveals that from 1965 to the date of the filing of this lawsuit, Alvin Arabie was employed as a painter and sandblaster. On May 30, 1986, plaintiffs filed suit in the United States District Court for the Western District of Louisiana, Lake Charles Division, against various asbestos manufacturers and distributors claiming damages for asbestosis which Mr. Arabie allegedly contracted while employed as a painter/sandblaster. Plaintiffs' claims in the federal suit were voluntarily dismissed on the basis that the parties had settled their claims by compromise in June of 1987. On October 6, 1987, the day before the order of dismissal was filed in the federal suit, plaintiffs filed this lawsuit in the 14th Judicial District Court for the Parish of Calcasieu, State of Louisiana. In their petition, plaintiffs allege that Alvin Arabie contracted silicosis through the use of sandblasting products. Made defendants in the suit
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were manufacturers and distributors of abrasive blasting materials and manufacturers of respiratory protection devices, as well as various executive officers of Mr. Arabie's former employers and their liability insurers. Three of the defendants named in the lawsuit, namely, Lone Star Industries, Inc., Clemco Industries, Inc., and Clemtex, Ltd., filed exceptions of one year prescription. The...To continue reading
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Younger v. Marshall Industries, Inc., No. 92-C-3134
...between two or more parties, then the plaintiff bears the burden of proving that solidary relationship. Arabie v. Northwest Mining Corp., 567 So.2d 783, 785 (La.App. 3d Cir.), writ denied, 571 So.2d 656 (La.1990); Lowe v. Rivers, 448 So.2d 848, 851 (La.App.2d Cir.1984). However, even if the......
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Burdeaux v. Cline, No. 25219-CA
...Tranum v. Hebert, 581 So.2d 1023 (La.App. 1st Cir.1991), writ denied, 584 So.2d 1169 (La.1991); Arabie v. Northwest Mining Corp., 567 So.2d 783, 785 (La.App. 3d Cir.1990), writs denied, 571 So.2d 656, 571 So.2d 657 (La.1990). However, when the plaintiff's petition shows on its face that the......
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White v. West Carroll Hosp., Inc., No. 23454-CA
...burden of proving that a suit has prescribed rests with the party pleading prescription. Tranum, supra; Arabie v. Northwest Mining Corp., 567 So.2d 783, 785 (La.App. 3d Cir.1990), writs denied, 571 So.2d 656, 571 So.2d 657 (La.1990) (citation omitted); Brown v. Reese, 532 So.2d 187, 189 (La......
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Robin v. Hebert, 12-1417
...even though their concurrent negligence results from different acts or breaches of different obligations." Arabie v. Nw. Mining Corp., 567 So.2d 783, 785 (La.App. 3 Cir.), writs denied, 571 So.2d 656, 657. "[I]t is the coextensiveness of the obligations for the same debt, and not the source......
-
Younger v. Marshall Industries, Inc., 92-C-3134
...between two or more parties, then the plaintiff bears the burden of proving that solidary relationship. Arabie v. Northwest Mining Corp., 567 So.2d 783, 785 (La.App. 3d Cir.), writ denied, 571 So.2d 656 (La.1990); Lowe v. Rivers, 448 So.2d 848, 851 (La.App.2d Cir.1984). However, even if the......
-
Burdeaux v. Cline, 25219-CA
...Tranum v. Hebert, 581 So.2d 1023 (La.App. 1st Cir.1991), writ denied, 584 So.2d 1169 (La.1991); Arabie v. Northwest Mining Corp., 567 So.2d 783, 785 (La.App. 3d Cir.1990), writs denied, 571 So.2d 656, 571 So.2d 657 (La.1990). However, when the plaintiff's petition shows on its face that the......
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White v. West Carroll Hosp., Inc., 23454-CA
...burden of proving that a suit has prescribed rests with the party pleading prescription. Tranum, supra; Arabie v. Northwest Mining Corp., 567 So.2d 783, 785 (La.App. 3d Cir.1990), writs denied, 571 So.2d 656, 571 So.2d 657 (La.1990) (citation omitted); Brown v. Reese, 532 So.2d 187, 189 (La......
-
Robin v. Hebert, 12-1417
...even though their concurrent negligence results from different acts or breaches of different obligations." Arabie v. Nw. Mining Corp., 567 So.2d 783, 785 (La.App. 3 Cir.), writs denied, 571 So.2d 656, 657. "[I]t is the coextensiveness of the obligations for the same debt, and not the source......