According to the Louisiana Record, a Westwego Louisiana woman named Donna Petrie filed suit against 47 companies earlier this year, claiming she was exposed to high levels of asbestos over a period of 40 years, which led to her contracting mesothelioma. Plaintiff Petrie asserts that she lived at 618 Keller Ave. in Westwego where various family members brought home the asbestos fibers from their jobs. Throughout the 1950’s and 1960’s, her husband allegedly brought traces of asbestos home in his clothes whilst he was employed at Aluminum Boats and Camcraft Inc. Then throughout the 1970’s and 1980’s her son allegedly brought traces of asbestos home whilst working on oilrigs for Cudd Energy Services. Meanwhile, she claims she was also simultaneously exposed to the carcinogen as a child through asbestos scrap material from the Johns Mansville facility near her home. Plaintiff alleges the defendants of negligence. The case (no. 745-971) has been assigned to Division E Judge John J. Molaison Jr. A full list of the defendants can be found here.
Secondary Exposure
As illustrated with this case, secondary exposure to asbestos occurs when one is indirectly exposed to asbestos through a household member or the surrounding environment; they are not exposed directly. Because there is no level of exposure that is considered safe, both those who are directly exposed to asbestos and those who are indirectly exposed are equally at risk. Whether one develops mesothelioma is essentially the ‘luck of the draw,’ however women are more susceptible to mesothelioma through secondary exposure. Secondary exposure is unfortunately all too common throughout the state of Louisiana, as many people inadvertently expose their family members through their jobs at shipyards, insulation plants, and construction sites.
What Happens When There Are Multiple Defendants?
As with all tort cases, a plaintiff must prove that the defendant(s)’ actions were the cause of his or her injuries (causation). This is always tricky when there are multiple defendants. The legal doctrine of alternative liability allows a plaintiff to shift the burden of proving causation of injury to multiple defendants, even if only one of the defendants was actually responsible. To call upon alternative liability, a plaintiff must show that each one of the defendants breached a duty of reasonable care. If that is shown, then the burden shifts to the multiple defendants to figure out who actually caused the injury. In this case for example, what will likely happen is that some of the 47 defendants will settle before going to trial, and some will shift the burden amongst themselves during trial to pinpoint who is liable for Ms. Petrie’s damages.
Get Legal Help for Your Asbestos-Related Illnesses
Injuries or cancer like mesothelioma caused by defective products or asbestos impose substantial hardship on the victims as well as their loved ones. Effective asbestos attorneys should spend as much time telling their client’s stories as they do litigating. Harrell & Nowak zealously represents people who have suffered injuries. We have recovered millions of dollars in settlements and verdicts on behalf of clients, and a success rate of 90% in our litigation. If you have or a loved one has been injured contact our New Orleans injury law firm today for a free, confidential consultation.