Two sisters pursuing justice following their father’s mesothelioma death won a preliminary victory after a Louisiana federal court denied Avondale Shipyard’s attempt to exclude key witnesses from their wrongful death action. The court ruled that the shipyard had failed to provide sufficient grounds for blocking testimony from physicians who’d treated their father.
Mesothelioma Victim’s Family Seeks Justice Against Notorious Shipyard Defendant
Erica Dandry Constanza and Monica Dandry Hallner’s wrongful death lawsuit asserts that their father, Michael P. Dandry Jr., developed mesothelioma from asbestos exposure he experienced during his years of employment at Avondale Shipyard. Avondale is one of Louisiana’s most frequently named defendants in asbestos claims: it has faced thousands of lawsuits stemming from its decades of shipbuilding operations along the Mississippi River.
The shipyard’s work, building and repairing military and commercial vessels, made extensive use of asbestos insulation and other materials that exposed countless workers to the risk of mesothelioma, asbestos-related lung cancer, asbestosis, and other deadly illnesses. Despite being found guilty many times and paying hefty settlements and damages awards, the company continues to aggressively argue against the claims it faces.
Mesothelioma Trial Preparations Reveal Defense Procedural Strategy
With the mesothelioma trial scheduled for March, Avondale filed a motion last November, seeking to exclude testimony from physicians who treated Mr. Dandry. The company argued that those expert witnesses weren’t offered to them for deposition before the close of discovery, and that not being able to depose them put the company at a disadvantage.
The sisters opposed the witness exclusion motion, arguing they’d fulfilled their obligations by providing Avondale with deposition dates for all the witnesses under their control and advising the shipyard regarding those beyond their control. It had been Avondale’s responsibility to schedule the depositions they wanted.
Testimony from Mesothelioma Victim’s Treating Physicians Permitted
The court agreed with the mesothelioma victim’s daughters, denying Avondale’s motion and finding that the shipyard had failed to demonstrate that excluding the testimony was warranted. The court pointed out that when the trial date had been moved from December 1, 2025, to March 9, 2026, the company had been given ample opportunity for additional depositions but never raised the need to do so. The court also reminded the defense that there’s no legal requirement that witnesses must be deposed before being called to testify at trial. The mesothelioma trial will proceed as scheduled, with Mr. Dandry’s doctors permitted to testify.
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.
