Asbestos suit filed by cancer patient over work-related expsosure

Source:, October 4, 2013
By: Holland Phillips

Several companies have been named in an asbestos lawsuit filed by a man who contracted lung cancer, which he attributes to his exposure to asbestos from the early 1970s.

Lones James Gagnard Jr. filed suit against Avondale Industries, Inc., Northrop Grumman Ship Systems Inc., Huntington Ingalls Incorporated, Eagle, Inc., Hopeman Brothers Inc., International Paper Company, Champion International, US Plywood, Liberty Mutual Insurance Company as insurer of Wayne Manufacturing Company, McCarty Corporation, Maryland Casualty Company as insurer of Marquette Insulation Inc., Metropolitan Life Insurance Company, Reilly-Benton Company, Taylor-Seidenbach Inc., Uniroyal Inc., Viacom Inc. as successor to CBS Corporation, Wayne Manufacturing, Albert Bossier, Certain Underwriters at Lloyd’s London, OneBeacon Insurance Company, J.D. Roberts, and James Melton Garrett in the Orleans Parish Civil District Court on July 19.

The plaintiff claims that he was exposed to injurious levels of asbestos and asbestos-containing products from his occupational exposure from 1972 to 1974 and subsequently contracted lung cancer.

The defendants are accused of mining, manufacturing, selling, supplying, distributing, and using products unreasonably dangerous and known to possess inherent dangerous properties with high potential for injury, failing to warn the plaintiff as to the hazards of their products in their foreseeable use, failing to provide safety instructions to eliminate or reduce risks associated with the products, failure to inspect truthfully or adequately report product testing and medical studies, failure to properly design, producing defective products, and failure to properly package their products. In addition, employers allegedly failed to provide Gagnard with a safe place to work, adequate engineering or industrial hygiene measures to control the level of exposure to asbestos and failure to warn of associated hazards.

An undisclosed amount is sought for all medical costs or expenses, lost earnings, mental suffering, anguish, pain, and suffering, physical pain and suffering, loss of quality of life and disability.

The plaintiff is represented by David R. Cannella of New Orleans-based Landry, Swarr & Cannella LLC and the Nemeroff Law Firm.

The case has been assigned to Division F Judge Christopher J. Bruno.

Case no. 2013-06802.


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