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Brunet v. Avondale Industries12/5/2000
The issue of whether Brunet contracted lung cancer after September 30, 1976 is irrelevant. It is undisputed that his exposure to asbestos occurred during his employment at Avondale between 1950-1978. This exposure later led to his contraction of lung cancer, but the law in effect at the time of the exposure is that which must apply. The judgment of the trial court on this issue should be affirmed.
In its third and final assignment of error, Avondale alleges in the alternative that there was no error in the decision of the jury and/or the trial court dismissing the claims against Avondale and its executive officers and insurers. It has already been determined by this Court that the trial court's dismissal of the claims against the executive officers is not in dispute on appeal. The only issue is whether or not there was error in the decision of the jury and/or the trial court dismissing the claims against Avondale.
The trial court did not err by dismissing the negligence claim against Avondale. The jury found, and I agree, that Avondale was not negligent in providing a safe place to work for Brunet. Brunet failed to carry his burden of proof on this issue.
The trial judge erred in failing to submit the strict liability claim to the jury. After reviewing the record in its entirety, it is my opinion that not only did the trial judge err in this matter, but the evidence presented to the jury was sufficient to hold Avondale strictly liable for Brunet's injuries. The jury found that Brunet's exposure to asbestos-containing products at Avondale was a substantial cause of his lung cancer. This finding, coupled with the evidence contained within the record, is sufficient to convince me that Avondale should be found liable under the law of strict liability in effect at the time of the exposure.
Conclusion
In summary, it is my opinion that the trial court erred by not submitting the strict liability charge to the jury. Under the law in effect at the time of Brunet's exposure to asbestos, Avondale should be held strictly liable for the injuries that Brunet sustained. The trial court did not err in awarding Brunet $250,000 in general damages. I do not believe that the award is beyond that which a reasonable trier of fact could assess for the effects of the particular injury to a particular plaintiff under the particular circumstances. It is my opinion that the trial court erred in its formulation of Jury Interrogatory No. 9 and that the parties listed under this interrogatory were improperly listed in the suit. Also, the prior deposition testimonies of Edmond Torbonne, Willis Hazard, John Thomas, Richard Shannon and Abdon Perque were improperly admitted into evidence. The trial court erred in this matter. Finally, it is my opinion that the total award of $302,000 now assessed against Avondale cannot be reduced for the virile shares of the third party defendant manufacturers and officers. There is no evidence in the record that Brunet has settled with these parties on the lung cancer claim. Avondale's right to seek contribution from these third party defendants should be specifically reserved by the Court. The appeal against the executive officers is dismissed. The judgment of the trial court should be affirmed in part, reversed in part and amended.
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