Widow of Shipyard Worker Files Wrongful Death Suit, Citing Asbestos Exposure | Law Firm Newswire

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

facebook twitter google_plus_32

  • Supreme Court Orders Oral Arguments in Fun 5’s Lawsuit
    The Texas Supreme Court issued an order this morning requiring the attorneys who represent the lottery players and the attorneys who represent GTECH (now known as IGT) to appear before the Court on December 3, 2019 to present oral arguments. The oral arguments will be videotaped and will be available for the public to watch […]
  • Status of Fun 5’s Lawsuit
    Q: What is the status of the Fun 5’s Lawsuit? A: The Fun 5’s Lawsuit against GTECH, Inc. (now known as IGT) is currently pending before the Texas Supreme Court. GTECH argued in the trial court that it is immune from suit for fraud because it was working for the Texas Lottery Commission. The lottery […]
  • Benzene Spike Near Houston Chemical Plant Fire Causes Me Concern About Future Leukemia Cases
    Having survived a battle with Leukemia, I am concerned by the latest report in the Houston Chronicle that a spike in benzene levels has been detected near the Deer Park site of the ITC chemical plant fire. Benzene is a major cause of leukemia which is a cancer of the bone marrow. Leukemia is a […]
  • GTECH Files Reply Brief in Fun 5’s Case
    GTECH filed its Reply Brief on the Merits in the Fun 5’s scratch-off lottery ticket lawsuit currently pending before the Texas Supreme Court. Now that all the briefs have been filed in Steele et al. v. GTECH, the Supreme Court is likely to take one of two steps. It may either deny GTECH’s Petition for […]
  • Plaintiffs in Fun 5’s Lawsuit File Their Brief on the Merits
    Plaintiffs in the Fun 5’s lawsuit in Texas filed their Respondents’ Brief on the Merits  today.  In their 61 page brief, attorneys for the Plaintiffs argue that GTECH (now known as IGT) is not entitled to derivative sovereign immunity.  GTECH claims it was just following orders when it printed scratch-off lottery tickets with instructions that falsely […]

See other news sources publishing this article. BETA | Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required