Frank LaBarre’s malignant mesothelioma came after decades of working as a tire repairman and salesman and owner of his own auto repair shop. He filed a personal injury claim against the manufacturers and sellers of several brands of asbestos-contaminated brakes, and though he died before his case was heard, his surviving daughter is pursuing the case on his behalf.
Brake Seller Makes Bid to Have Mesothelioma Lawsuit Against It Dismissed
Ms. LaBarre’s mesothelioma lawsuit against the brake defendants seeks damages from those that “manufactured, sold, marketed, distributed, and otherwise placed into the stream of commerce” products that were “unreasonably dangerous in their design and marketing” as a result of their asbestos contamination. But one of the companies, Bienville Auto Parts, filed a motion to have the case against them dismissed.
In its petition to the court, Bienville argued that they should not be required to defend themselves against responsibility for Mr. LaBarre’s mesothelioma based on their assertion that they were not a “professional vendor” of brake parts, which is required by Louisiana law for these types of cases. They also argued that there was no proof that they knew or should have known that the products they sold contained asbestos or were dangerous in any way. They also claimed that they had no duty to warn Mr. LaBarre of the dangers of their product because he was a “sophisticated user.”
Judge Denies Motion to Dismiss, Permits Mesothelioma Case to Move Forward
In reviewing the facts presented by both sides in the mesothelioma claim, Judge Barry W. Ashe of the U.S. District Court for the Eastern District of Louisiana rejected the auto parts company’s arguments. He found that there was sufficient evidence to show that LaBarre had been exposed to the company’s product’s frequently and that they could have caused his illness, and that though Bienville was not a professional vendor, they did qualify as a non-manufacturer seller, which made them eligible for liability for the damages he suffered.
The judge also found that there was a question of fact about whether Bienville was aware that their parts contained asbestos and could cause malignant mesothelioma. He noted that there was no evidence to suggest that Mr. LaBarre had knowledge of either the brakes’ asbestos contamination or of the dangers of asbestos, and that therefore it was inappropriate to classify him as a sophisticated user. The case will move forward to be heard by a jury.
If you or someone you love has been diagnosed with malignant mesothelioma, it is important to have knowledgeable and supportive professionals working on your side. For information on how we can help, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
