Matrana v. Avondale Indus., Inc. (2001)

Our plain-English summary of Matrana v. Avondale Indus., Inc. (Louisiana Court of Appeals, August 27, 2001).

Nicholas Matrana sued Avondale Industries, Inc. and others in a Louisiana case involving an asbestos-related occupational disease. The opinion does not describe his disease, his work or his exposure. Avondale asked the Fourth Circuit Court of Appeal for a supervisory writ, which is a request for the appeals court to review a trial court ruling before the case ends. The court denied the writ and noted that the issues had come before it repeatedly. It relied on its earlier decisions holding that a cause of action for occupational diseases such as asbestosis and mesothelioma arises when the injured person is exposed to the toxic substance that causes the disease. It also relied on an earlier holding that asbestos was not a listed substance whose resulting disease is covered by workers' compensation. For that reason, the court declined to follow Austin v. Abney Mills (Louisiana Second Circuit Court of Appeal) and Brunet v. Avondale Industries (Louisiana Fifth Circuit Court of Appeal), which took a different view.

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, 4th Circuit
• Decided: August 27, 2001
• Citation: 803 So.2d 59
• Docket: No. 2001-C-1505
• Stage: Appeal from other
• State: Louisiana

Outcome. The Fourth Circuit denied Avondale Industries' application for supervisory writs, leaving the lower court ruling in place for plaintiff Matrana.

What the court held. A cause of action for occupational diseases such as asbestosis and mesothelioma arises when the injured party is exposed to the toxic substance, and asbestos disease is not covered by the workers' compensation scheme as a listed occupational disease.

Issues decided: Employer and Contractor Liability, and Workers' Compensation.

The defendants

• Avondale Industries, Inc. (employer)

Decisions this opinion cites

Earlier decisions in our library that the court cited:

• Cole v. Celotex Corp. (Louisiana Supreme Court, 1992). The Louisiana Supreme Court affirmed the court of appeal: pre-comparative-fault (virile share) law governed, the nine executive officers counted as nine separate shares, and the insurer INA's annual policies could be stacked, so INA owed each of the three plaintiff workers $135,000 plus interest.
• Abadie v. Metropolitan Life Ins. Co. (Louisiana Court of Appeals, 5th Circuit, 2001). The appeals court set aside the wrongful death awards, reversed liability for executive officers Chantrey and Kelmell, reinstated three manufacturers (Babcock & Wilcox, Rapid American, Rock Wool) in the fault-share calculation, and otherwise affirmed, entering judgment of $377,332.86 for the Clark plaintiffs against officers Territo and O'Donnell.
• Austin v. Abney Mills, Inc. (Louisiana Court of Appeals, 2nd Circuit, 2001). The appeals court amended the trial court's summary judgment so that it dismissed only Hogue's negligence claims against employers International Paper and Arizona Chemical (which won), and affirmed as amended; his intentional tort claims remain pending.
• Brunet v. Avondale Industries, Inc. (Louisiana Court of Appeals, 5th Circuit, 2000). The court affirmed the judgment dismissing the Brunet family's claims against Avondale Industries, holding that workers' compensation was their exclusive remedy, and it dismissed the appeal as to Avondale's executive officers and their insurers.
• Gautreaux v. Rheem Mfg. Co. (Louisiana Court of Appeals, 4th Circuit, 1996). The court of appeal granted Rheem's writ application but affirmed the trial court's denial of Rheem's exception of no cause of action, so the plaintiffs' tort suit against Rheem continued (two judges dissented).

Later decisions citing this one

9 later decisions in our library cite this one:

• Rando v. Anco Insulations Inc. (Louisiana Supreme Court, 2009). The Louisiana Supreme Court affirmed the court of appeal's judgment for Ray Rando against his former employers JCI and Parsons, holding his tort suit was not barred by workers' compensation exclusivity or peremption and upholding liability and the $2.8 million general damages award.
• Austin v. Abney Mills, Inc. (Louisiana Supreme Court, 2002). The Louisiana Supreme Court reversed the summary judgment that the lower courts had granted to employers International Paper and Arizona Chemical, and remanded for further proceedings, because the employers had not shown Hogue's tort claim accrued only after 1975.
• Graves v. Riverwood International Corp. (Louisiana Court of Appeals, 2nd Circuit, 2007). The Court of Appeal affirmed the trial court's denial of Olin Corporation's motions for JNOV and new trial, leaving the plaintiffs' verdict in place (general damages cut by the trial court from $4,500,000 to $3,000,000).
• Terrance v. Dow Chemical Company (Louisiana Court of Appeals, 1st Circuit, 2007). The court affirmed the judgment on the jury's $5,000,000 general damages verdict for the Terrance estate and surviving spouse against Exxon, and denied Exxon's JNOV, new trial and remittitur motions.
• Adams v. Asbestos Corp. Ltd. (Louisiana Court of Appeals, 2nd Circuit, 2005). The court of appeal affirmed summary judgment for Eaton Corporation, dismissing the survival action of Walter Counts' heirs because workers' compensation was their exclusive remedy.
• Alexander v. Thiokol Corp. (Louisiana Court of Appeals, 3rd Circuit, 2004). The court reversed the trial court's grant of Morton's exception of no cause of action, which had dismissed the workers' suit, and remanded for further proceedings.
• Kemp v. Armstrong World Industries (Louisiana Court of Appeals, 1st Circuit, 2003). The appeals court affirmed the trial court's partial summary judgment for Philip Morris, which limited the Kemp family's claims against the tobacco company to those available under the Louisiana Products Liability Act.
• Abadie v. Metropolitan Life Ins. Co. (Louisiana Court of Appeals, 5th Circuit, 2001). The appeals court set aside the wrongful death awards, reversed liability for executive officers Chantrey and Kelmell, reinstated three manufacturers (Babcock & Wilcox, Rapid American, Rock Wool) in the fault-share calculation, and otherwise affirmed, entering judgment of $377,332.86 for the Clark plaintiffs against officers Territo and O'Donnell.
• Hayes v. Asbestos, Corp., Ltd. (U.S. District Court, Western District of Louisiana, 2014). The court granted Ford Motor Company's Rule 12(b)(6) motion, holding that the Louisiana Products Liability Act was the plaintiffs' exclusive remedy against Ford and dismissing the non-LPLA claims and the punitive damages claim against Ford.

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.

803 So.2d 59 (2001)

Nicholas MATRANA

v.

AVONDALE INDUSTRIES, INC., etal.

No. 2001-C-1505.

August 27, 2001.

Court of Appeal of Louisiana, Fourth Circuit.

Steven M. Jupiter, LeBlanc & Waddell, L.L.C., New Orleans, Counsel for Plaintiff/Respondent.

Brian C. Bossier, Mickal P. Adler, Marc E. Devenport, Erin H. Boyd, Blue Williams, L.L.P., Metairie, Counsel for Defendant/Relator.

Court composed of Judge STEVEN R. PLOTKIN, Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS, Jr.

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. 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. [*60] 12/5/00), 772 So.2d 974, writ not considered, 2001-0171 (La.3/23/01), 787 So.2d 1006.

Sources

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