Roseanna Matherne died of malignant pleural mesothelioma after years of laundering her husband’s asbestos-contaminated work clothes. Her family blamed the Avondale Shipyard for failing to warn and failure to implement appropriate safety measures that would have prevented her secondary exposure. When the company tried to advance a government contractor defense, Mrs. Matherne’s family moved for partial summary judgment to block the strategy. A Louisiana court agreed.
Government Contractor Defense Asserted in Louisiana Mesothelioma Claim
Many mesothelioma victims’ exposures to asbestos arise from asbestos in workplaces associated with government contracts. This is true of Avondale Shipyards, which frequently manufactured ships for the Navy and other U.S. government entities.
Facing personal injury claims from mesothelioma victims, Avondale argues that it is immune from liability because its work was performed at the behest of the government, but courts have ruled that there are exceptions to that rule, particularly when the defendant fails to provide evidence that the government made a decision on issuing or not issuing a warning to employees.
Woman’s Family Prevails Against Shipyard’s Attempt to Evade Mesothelioma Liability
After Mrs. Matherne’s family filed its mesothelioma claim against Avondale Shipyards, the company attempted to use the government contractor defense to evade liability, but the family filed a motion for partial summary judgment to stop that strategy. They argued that the company’s use of the defense misstated their claim: while Avondale claimed that they were trying to impose liability on them for executing the government’s will, the family said they were only seeking damages based on their failure to warn and enact safety measures, and that similar claims had defeated the government contractor defense in the past.
The judges of the U.S. District Court for the Eastern District of Louisiana agreed with the mesothelioma victim’s family’s argument that based on previous decisions, there was no new reason raised to deny summary judgment. The family’s claim against the shipyard will be able to move forward.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. For more information, contact us today at 1-800-692-8608.
