Widow of Shipyard Worker Files Wrongful Death Suit, Citing Asbestos Exposure
Houston, TX (Law Firm Newswire) September 4, 2014 - On June 30, Shirley Holmes of Gretna, Louisiana, filed a wrongful death lawsuit after her husband's passing, pointing toward alleged asbestos exposure he suffered years before.
In the 1970's, Kermit Holmes worked at the Avondale shipyard in Louisiana, where he was allegedly exposed to asbestos dust and fibers. In the years that followed, he developed asbestosis and mesothelioma lung cancer. He died in September 2013.
"His wife blames his death on this exposure, claiming that he was not provided with appropriate safety equipment that could have protected him from the harmful fibers," explained Richard LaGarde, a Louisiana workplace accident and wrongful death attorney not affiliated with the case.
Asbestos was used as insulation and a fire retardant for more than 2,000 years before its dangerous risks were confirmed. In the 1930's, workers began to bring and win lawsuits against employers who had exposed them to the mineral fibers, but the use of the material remained legal (though discouraged by such suits). Some manufacturers continued to expose their employees in spite of the risk, favoring the profitable and simple solutions the material offered in construction.
Today, the use of asbestos is legally banned in some types of structures. "Protective measures, including disposable clothing covers and company showers, were designed to shield workers from exposure, and they were readily available for use in the 1970's. The dangers of asbestosis, lung cancer and mesothelioma were solidly confirmed by the time Mr. Holmes worked at the Avondale yard," LaGarde noted.
The list of defendants is lengthy: Holmes has named 3M Company, American Employers Insurance Company, ANCO Insulations Inc., Avondale Industries, Avondale Shipyard, Albert Bossier Jr., CBS Corporation, The Dox Chemical Company, Eagle Inc., Foster-Wheeler LLC, Huntington Ingalls Incorporated, Maryland Casualty Company and Onebeacon America Insurance Company.
The suit alleges that Holmes' employers should have known of and acted against the health risks their site posed. The case claims that the defendants failed to reveal and concealed critical information, including the risk of working with asbestos. Moreover, they allegedly failed to provide sufficient and necessary protection or proper ventilation.
Above all, the suit argues, these companies are at fault for Holmes' death because of their reckless, improper handling and storage of the dangerous material.
The suit seeks an unspecified amount in damages.
LaGarde Law Firm, P.C
3000 Weslayan, Ste. 380
Houston, TX 77027
Phone: (713) 993-0660
Toll Free: 1-866-LAGARDE
LaGarde Law Firm, P.C.
Jason M. Welborn - Of Counsel
617 S. Buchanan Street
PO Box 2053
Lafayette, LA 70501
Phone: (337) 443-4100
Toll Free: 1-866-LAGARDE
- Nettles Files Reply Brief in Fun 5’s Lawsuit Appeal in Dallas
Attorneys for Dawn Nettles have filed a Reply Brief on behalf of Ms. Nettles in her appeal of a Dallas trial court’s ruling that GTECH enjoys “derivative immunity” for fraud lawsuits. A copy of Ms. Nettles’ brief can be viewed by clicking on the link below: Nettles Reply Brief
- Plaintiffs and Hiatt Intervenors File Amended Pleadings
The Plaintiffs in the Fun 5’s lottery game lawsuit against GTECH (International Game Technology) have filed their Fourth Amended Petition along with an Exhibit “A” which lists the names of the Plaintiffs who have sued GTECH. The Hiatt Intervenors have also filed a Second Amended Petition and 7th Supplemental Petition that lists the names of […]
- Plaintiffs File Appellee’s Brief in Fun 5’s Lawsuit
The Plaintiffs in the Fun 5’s lawsuit against GTECH (International Game Technology), filed their Brief of Appellees in the Austin Court of Appeals yesterday. A copy of the brief can be read >>here<<.
- Representative of Governor Meets With Lottery Petitioner
The Petition Denise Deckard’s parents purchased a Fun ‘s lottery ticket from the Texas Lottery Commission. They believed they had won a substantial cash prize based on the clear language of the ticket’s instructions. However, when they attempted to cash the ticket they were informed that they were not winners. Denise felt this was fundamentally […]
- GTECH Files Motion for Summary Judgment in Fun 5’s Case
GTECH (International Game Technology) has filed a Motion for Summary Judgment in the Fun 5’s case pending in Austin. The motion alleges that there are elements to the Plaintiffs’ causes of action that they will not be able to prove at the time of trial. GTECH has asked the court to hold a hearing on […]