Specifics of Legal Claim Make All the Difference in Preserving Victim’s Lawsuit
Mesothelioma is a deadly form of cancer caused by exposure to asbestos. The vast majority of people diagnosed with the disease are exposed on the job, and in many cases, could have been protected had their employer or other companies warned them or taken steps to protect them. That’s what Nolan J. Lebouf Jr. based his personal injury claim on, and that’s why the courts rejected the defendant’s request to be dismissed from the case.
Worker Names Shipyard in Mesothelioma Claim
Mr. Lebouf filed a mesothelioma lawsuit against Avondale Shipyard and several other companies whose asbestos-contaminated products he had worked with. In his claim against the shipyard, he accused the company of having failed to warn him of the dangers he was exposed to when he’d worked there decades ago. Avondale is frequently named in lawsuits by victims of asbestos exposure, but consistently responds by asking the courts to dismiss the charges based on its status as a government contractor, which often provides it with immunity from liability.
In this case, Mr. Lebouf avoided having his mesothelioma claim dismissed from the case by specifically avoiding a general negligence claim, which would have been subject to government contractor immunity. Instead, his claim specifically referenced the company’s knowledge of the dangers of asbestos dust, and its failure to warn of its dangers or to protect him from inhaling it despite being aware of its risk.
Shipyard Immunity Mooted by Mesothelioma Claim’s Focus on Safety Measures
Because the mesothelioma victim is seeking damages specifically for the company’s failure to put adequate safety measures in place that would have kept him from getting sick, the company was not entitled to use the government contractor immunity, and the case will move forward for a jury to hear.
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