Nolan J. Lebouf Jr. was diagnosed with malignant mesothelioma after having worked at the Avondale Shipyard in the 1970s and 1980s. He filed a personal injury lawsuit in Louisiana state court seeking damages from the shipyard for its failure to warn of the dangers of the asbestos he was exposed to or to protect him from being exposed. Though the shipyard claimed its status as a government contractor provided it immunity, the court denied their assertion.
Shipyard’s Claim of Immunity in Mesothelioma Claim Denied
Mr. Lebouf’s mesothelioma lawsuit names multiple companies that he accuses of having exposed him to asbestos during his years as a shipyard worker. Among them is Huntington Ingalls Incorporated, which now owns what was known as the Avondale Shipyard where he worked. He points to asbestos dust at the shipyard and outside of his work while visiting his coworkers as responsible for his illness and alleges that Avondale failed to educate and warn him about asbestos dust or protect him from it, despite knowing of its dangers.
In response, Avondale removed the mesothelioma claim to federal court, arguing that it had been acting under an officer of the United States when the victim was exposed and that all the vessels he had worked on were manufactured under contracts with the federal government. Mr. Lebouf filed a petition for summary judgment against the immunity claim.
Mesothelioma Victim Prevails in Discussion of Shipyard Immunity
In his argument to the court, Mr. Lebouf argued that the shipyard was not entitled to government contractor immunity because he was not claiming general negligence against the company — rather, he was seeking damages for the company’s negligent failure to adopt adequate safety measures that would have prevented his injury.
Avondale admitted that it had discretion and freedom to warn its employees about the dangers of mesothelioma when Mr. Lebouf was exposed to asbestos in their yard, and provided no evidence that the government had been involved in its decision not to take protective action on behalf of its employees. As a result, the court agreed with the victim that the company was not eligible for the immunity defense.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
