Brunet v. Avondale Industries12/5/2000
McMANUS, J., DISSENTS WITH REASONS:
MOTION TO DISMISS PLAINTIFFS' APPEAL AS TO AVONDALE EXECUTIVE OFFICERS GRANTED; JUDGMENT AFFIRMED
Plaintiffs/appellants, June R. Brunet, Sheila Fernandez, Sandilyn Brunet, and Paula LaChica, as the survivors of Telles Brunet (collectively "Brunet"), appeal the judgment of the trial court dismissing their claims against defendant/appellee, Avondale Industries, Inc. ("Avondale"). Avondale, its executive officers, and their insurers have filed answers to the appeal. Brunet died of lung cancer on May 16, 1998, allegedly caused by exposure to asbestos- containing products while he was an employee of Avondale from 1950-1978. Brunet alleges, among other Assignments of Error, that the trial court erred by not entering judgment against Avondale, specifically on the issue of strict liability. For the following reasons, we affirm.
STATEMENT OF FACTS
Tells Brunet was employed by Avondale from 1950-1978. He worked at the Harvey Quick Repair Yard where he was exposed to asbestos-containing products throughout the years of his employment. Brunet, a heavy smoker for many years, contracted lung cancer and passed away on May 16, 1998.
On May 13, 1998, Brunet filed a Petition for Damages against Avondale and, among others, four of its executive officers: Peter Territo, Steven Kennedy, John Chantrey and James O'Donnell (collectively "officers"). The insurers of the officers, Commercial Union Insurance Company, American Motorists Insurance Company, Highlands Insurance Company, and Travelers Insurance Company, were also named as defendants in the suit. As stated above, Brunet died shortly after the filing of the petition. His wife and three daughters were substituted as party plaintiffs and proceeded with the suit on survival and wrongful death claims.
Both Avondale and its officers filed cross claims and third party claims against various product manufacturers and a number of their executive officers alleging product liability, negligence, strict liability, intentional tort, fraud, conspiracy, and misrepresentation. Many of the officers' third party claims were dismissed as res judicata. Avondale's cross claims were severed from the trial of the main demand.
On July 21, 1999, a twelve person jury was empaneled and the case went to trial. The trial proceeded through August 5, 1999, at which time the trial court granted a directed verdict in favor of Avondale regarding the wrongful death claim. The trial court also concluded that Brunet had failed to establish a strict liability claim against Avondale and refused jury charges or jury interrogatories on that issue. The jury then retired for deliberations.
On August 6, 1999, the jury returned a verdict finding that Brunet's exposure to asbestos-containing products at Avondale was a substantial cause of his lung cancer, but found Avondale not negligent. The jury also found that the officers were not negligent in providing Brunet a safe place to work. The jury did find various other entities, namely the asbestos-containing products manufacturers, liable to Brunet in the amount of $302,000.00. On August 11, 1999, the trial court issued its judgment adopting the jury's verdict and dismissing Brunet's claims against Avondale, Territo, Kennedy, American Motorists, Commercial Union, Highlands and Travelers.
On August 17, 1999, Brunet filed a Motion for Judgment Notwithstanding the Verdict, which was subsequently denied by the trial court. On September 8, 1999, Brunet filed an Order of Appeal that was subsequently granted by the trial court. The officers filed an Answer to the appeal on December 22, 1999. Avondale filed an Answer to the ap
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