AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

NICHOLAS MATRANA v. AVONDALE INDUSTRIES, INC., et al.

PLOTKIN, JUDGE.

WRIT DENIED

The issues raised by the application for supervisory writs have been presented to this court repetitively. In Callaway v. Anco Insulation, Inc., 98-0397 (La.App. 4 Cir. 3/25/98), 714 So.2d 730, writ denied, 98-1034 (La. 11/19/99), 749 So.2d 666, we held that a cause of action for occupational diseases, such as asbestosis and mesothelioma, arises when the injured party is exposed to the toxic substance that causes the disease. See Cole v. Celotex, 599 So.2d 1058 (La. 1992). Accord Abadie v. Metropolitan Life Ins. Co., 00-352 (La.App. 5 Cir. 4/11/01), 804 So.2d 11, 2001 WL 360814. In Gautreaux v. Rheem Mfg. Co., 96-2193 (La.App. 4 Cir. 12/27/96), 694 So.2d 977, we held that asbestos was not listed substance that, when it caused disease, was covered by workers' compensation. Accordingly, we decline to follow Austin v. Abney Mills, Inc., 34,495 (La.App. 2 Cir. 4/4/01), 785 So.2d 177, or Brunet v. Avondale Industries, Inc., 99-1354 (La.App. 5 Cir. 12/5/00), 772 So.2d 974, writ not considered, 2001-0171 (La. 3/23/01), 787 So.2d 1006.

Use AI to get other relevant cases.

Comments

MATRANA v. AVONDALE INDUS., 01-1505 (La.App. 4 Cir. 8/27/01)
(Aug 27, 2001)