Felton Robichaux died of malignant mesothelioma just six months after being diagnosed with the rare, asbestos-related disease. In seeking justice and compensation for his suffering and loss, his survivors have filed a personal injury lawsuit naming several companies as defendants. Many of those companies are asking to have the case against them dismissed, but their petitions for summary judgment are being denied.
Uniroyal’s Asbestos Cloth Identified as Increasing Risk of Malignant Mesothelioma
Uniroyal is one of the many defendants named in the Robichaux family’s mesothelioma claim. The company argued that the plaintiffs could not show that Mr. Robichaux had been exposed to asbestos through its products and that even if such exposure occurred, it was not a substantial factor in his illness.
In reviewing the evidence submitted, Judge Darrel James Papillion noted that the family had provided evidence that Uniroyal’s asbestos cloth was regularly and frequently used by and around insulators working at Avondale Shipyard while the mesothelioma victim worked there. Former shipyard employees testified to having seen and worked with cloth marked with Uniroyal branding, and the company’s corporate representative testified that cutting that cloth – which was done with regularity by insulators at the shipyard – would release asbestos. That information alone was enough to warrant the case moving forward.
Foster Wheeler’s Boilers Installed on Ships Where Mesothelioma Victim Worked
A separate petition for summary judgment was filed by Foster Wheeler, with the company arguing against being held liable for Mr. Robichaux’s mesothelioma because it first argued that there was no proof that its boilers were present on the ships he had worked on and that even if he had worked around its boilers, the equipment was supplied without the exterior insulation that contained asbestos.
The judge first ruled that the family had provided enough evidence that Foster Wheeler’s boilers had been installed on the ships the mesothelioma victim had worked on, which would have been enough for the claim to move forward. But further, he pointed out that a former Avondale boilermaker had testified that the company had supplied kits that contained everything that needed to be installed with and in the boiler, including the asbestos-contaminated insulation materials. As a result, the judge ruled that there were enough issues of fact for a jury’s input to be required.
If you or someone you love has been diagnosed with an asbestos-related disease, it is important that you have all of the resources and guidance you need. Call the Patient Advocates at Mesothelioma.net today at 1-800-692-8608 to learn how we can help.
