Daniel Cantrelle, Sr., filed a damages lawsuit in Louisiana state court after being diagnosed with mesothelioma in June of 2024. He named several companies as defendants, including Avondale Shipyards, where he worked from 1960 to 1979. The company removed the lawsuit to federal court, arguing that it was entitled to government contractor immunity because it built ships for the U.S. Navy and was following the military’s orders, but Mr. Cantrelle successfully argued that the shipyard was not entitled to that protection, and the case was moved back to state court.
Shipyard’s Government Contractor Defense Against Mesothelioma Liability Fails
Avondale Shipyards has been named in thousands of personal injury and wrongful death lawsuits filed by mesothelioma victims and their families. The suits accuse the company of failing to warn of the risks posed by the significant asbestos contamination found in the shipyard.
In response, Avondale consistently argues that it is entitled to immunity based on its role as a government contractor, but that defense has repeatedly failed when mesothelioma victims have successfully argued that Avondale had never produced any evidence that the government had directed it not to warn workers at its shipyard of the mineral’s hazards, or to protect them from the carcinogenic dust.
Mesothelioma Victim’s Motion for Summary Judgment Granted
Facing a grim mesothelioma prognosis, Mr. Cantrelle filed a motion for summary judgment in the interest of streamlining the issues for trial in his case against the company. In asking the court to stop the company from using the defense, he noted the numerous times that the company had unsuccessfully offered the same argument against its liability and the consistency of the rulings by other judges in the Louisiana judicial district.
Upon review of the case, the judges of the U.S. District Court for the Eastern District of Louisiana agreed with the mesothelioma victim. They said that Mr. Cantrelle’s claim against the shipyard was not an attack on the government’s decisions about workplace safety policies on federal vessels, nor was it an attack on the company for having executed the government’s will. The victim’s petition was granted, and the case will be returned to state court.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. For guidance on your situation, contact us today at 1-800-692-8608.
