In Louisiana, an Orleans Parish jury has awarded $6.625 million in damages to the family of a former Avondale Shipyards clerk who died from mesothelioma. The group took just 80 minutes to find that Ronald Marcella’s fatal illness was caused by exposure he experienced at the shipyard from 1962 to 1964.
Mesothelioma Victim’s Asbestos Exposure Traced to Production Department Clerk Position
The mesothelioma victim’s work in the production department at Avondale’s Bridge City, Louisiana, shipyard did not require direct contact with asbestos, but he was exposed daily as he walked past other employees who were cutting, sawing, and otherwise manipulating and disturbing asbestos-containing products. It was breathing in the airborne fibers raised by these activities that the 81-year-old’s family blamed for his fatal illness, and upon hearing the evidence, the jury agreed.
Huntington Ingalls, the successor company to Avondale Shipyard, successfully removed the mesothelioma case to federal court and argued that asbestos was a required shipbuilding product during the years that Mr. Marcella worked there. The company also attempted to have the jury divide fault for his death among several non-parties and third-party defendants, including Uniroyal, Foster Wheeler, General Electric, Paramount Global, Bayer CropScience, and International Paper as potential asbestos exposure sources, but the jury rejected their attempt to minimize the amount they owed.
Mesothelioma Jury Rejects Apportionment and Holds Shipyard Solely Liable
After eight days of testimony, the jury deliberated just 80 minutes before finding that Mr. Marcella’s exposure to asbestos had occurred while he worked at Avondale and that it was a contributing cause of his illness. They awarded his survivors $6,625,000 in general damages for his pain and suffering during the three months between his diagnosis and death and rejected the company’s assertion that other parties were also negligent or strictly liable, making Huntington Ingalls solely responsible for paying the damages.
Huntington Ingalls has moved for a new trial, arguing that testimony had failed to prove that Mr. Marcella’s work at the shipyard was the cause of his mesothelioma, and that even meeting proposed standards of care wouldn’t have prevented his illness since “there is no safe level of asbestos exposure.” The company’s defense also argued the verdict was “vastly higher” than reasonable, noting that the victim had died just three months after having been diagnosed, that his symptoms “came and went” and were “otherwise minimized,” and pointing to his advanced age and moderate dementia. The family has asked for pre- and post-judgment interest of $1.125 million.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
