Abadie v. Asbestos Corp. Ltd. (2014)

Our plain-English summary of Abadie v. Asbestos Corp. Ltd. (Louisiana Court of Appeals, February 12, 2014).

Leonard Abadie, Jr., who had died, sued several defendants, including Avondale (now Huntington Ingalls), claiming asbestos exposure from various sources caused his mesothelioma. Avondale filed a third-party demand against Executone Systems of La, Inc. The demand rested on a claim of take-home, or household, exposure: Mr. Abadie, Jr. was allegedly exposed to asbestos fibers that his father, Mr. Abadie, Sr., brought home on his clothing while working for Executone from 1961 to 1970. The district court granted summary judgment for Executone on May 6, 2013, and Avondale appealed. On February 5, 2014, the day the case was submitted to the Louisiana Fifth Circuit Court of Appeal, the parties filed a joint motion to dismiss, saying they had resolved their differences. Citing La. C.C.P. art. 2162, which allows an appeal to be dismissed by consent of all parties, the court granted the motion and dismissed the appeal without ruling on the merits of the take-home claim.

We wrote this summary from the court's opinion with the help of AI. It is not the court's wording, and it is not legal advice. The full opinion is below.

The decision

• Court: Louisiana Court of Appeals, 5th Circuit
• Decided: February 12, 2014
• Citation: 136 So.3d 119
• Docket: No. 13-CA-768
• Stage: Appeal from summary judgment
• State: Louisiana

Outcome. The appeal by Avondale (Huntington Ingalls) from summary judgment for third-party defendant Executone was dismissed on the parties' joint motion, because they had resolved their differences.

What the court held. Under La. C.C.P. art. 2162, an appeal can be dismissed by consent of all parties.

Issues decided: Trial Procedure and Discovery, Take-Home Exposure.

The people and their exposure

• Leonard Abadie, Jr. (family member): mesothelioma; died

The defendants

• Huntington Ingalls Incorporated, f/k/a Northrop Grumman Ship Systems, Inc., f/k/a Avondale Industries, Inc. (employer)
• Executone Systems of La, Inc. (employer)

The court's opinion

The text below is Google Scholar's copy of the court's opinion, a public record. Numbers in brackets, such as [*921], mark where each page of the printed reporter begins.

136 So.3d 119 (2014)

Leonard ABADIE, Jr.

v.

ASBESTOS CORPORATION LTD, etal.

No. 13-CA-768.

February 12, 2014.

Court of Appeal of Louisiana, Fifth Circuit.

Gary A. Lee, Richard M. Perles, Ann Cates, Steven E. Lacoste, John M. Futrell, Attorneys at Law, New Orleans, LA, for Third-Party Plaintiff/Appellant.

Charles H. Abbott, Christine Changho Bruneau, Erin Wedge Latuso, Attorneys at Law, New Orleans, LA, for Third-Party Defendant/Appellee.

Panel composed of Judges MARC E. JOHNSON, STEPHEN J. WINDHORST and HANS J. LILJEBERG.

STEPHEN J. WINDHORST, Judge.

Defendant/third-party plaintiff, Huntington Ingalls Incorporated, f/k/a Northrop Grumman Ship Systems, Inc., f/k/a Avondale Industries, Inc. ("Avondale") appeals the district court's judgment granting summary judgment in favor of third-party defendant, Executone Systems of La, Inc. ("Executone"). For the reasons discussed below, this appeal is dismissed. Plaintiff, Leonard Abadie, Jr., now deceased, filed the underlying suit against multiple defendants, including Avondale, claiming that his exposure to asbestos from various sources resulted in his development of mesothelioma. In response to the suit, Avondale filed a third-party demand against various defendants, including Executone. Avondale's third-party demand against Executone was based on claims of "take-home" or household asbestos exposure by Mr. Abadie, Jr., from asbestos fibers brought home on Mr. Abadie, Sr.'s clothing during Mr. Abadie, Sr.'s employment with Executone from 1961 to 1970.

Executone filed a motion for summary judgment seeking a dismissal with prejudice of Avondale's third-party demand. On May 6, 2013, the district court rendered judgment in favor of Executone. This appeal followed.

On February 5, 2014, the same day the case was submitted to this Court, the parties filed a Joint Motion to Dismiss contending that they resolved their differences. Pursuant to La. C.C.P. art. 2162, an appeal can be dismissed by consent of all parties. Therefore, we grant the Joint Motion to Dismiss and dismiss this appeal.

APPEAL DISMISSED.

Sources

• The opinion on Google Scholar
• Louisiana asbestos laws
• Louisiana asbestos exposure sites