 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Brunet v. Avondale Industries12/5/2000
peal on December 23, 1999.
After the appellants' brief was filed, the Avondale executive officers filed a Motion to Dismiss the Appeal with respect to the officers and their insurers. On February 9, 2000, this Court ruled that the Motion to Dismiss would be referred to the merits of the appeal. The matter is now before this Court for review.
LAW AND ANALYSIS
Brunet alleges thirteen assignments of error on appeal. First, Brunet alleges that the trial court erred by not entering judgment in his favor and against Avondale. Second, Brunet alleges that the jury erred by rendering an inadequate award for general damages. Third, Brunet alleges that the trial court erred by admitting into evidence deposition testimony of witnesses taken in previous litigations of which Brunet was not given notice, did not attend, and at which he was not adequately represented. Fourth, Brunet alleges that the trial court erred by including the names of persons on the interrogatories with whom he had not previously settled and against whom he would have no cause of action under Louisiana law. Fifth, Brunet alleges that the trial court erred by not providing the jury with an interrogatory regarding the parties in Assignment of Error Four, substantially similar to Jury Interrogatory No. 5. In Assignments of Error Six through Thirteen, Brunet alleges that the jury erred in its response to Jury Interrogatory No. 9, in that no reasonable finder of fact could determine from the evidence that Garlock, Inc., Uniroyal Inc., Pittsburgh-Corning Corp., Johns Manville Corp., Owens-Corning Fiberglass Corp., Owens-Illinois, Inc., Dr. John Konzen or Richard F. Shannon are liable for his injuries.
Avondale and its executive officers have filed two separate Answers to this appeal. In their Answer, the officers once again re-urge their Motion to Dismiss the Appeal. We note that in his brief Brunet has not assigned as error the trial court's dismissal of his claims against the executive officers of Avondale named in the suit. Under Rule 2-12.4 of the Uniform Rules of the Courts of Appeal, the Court may consider as abandoned any specification or Assignment of Error that has not been briefed. Absent such specification in brief, Brunet's appeal against the executive officers of Avondale and their insurers must be dismissed. Only Brunet's appeal on the issue of Avondale's potential liability and the Answer to the appeal filed by Avondale will be addressed by this Court.
In its answer, Avondale alleges three assignments of error. First, Avondale alleges that the trial court erred in holding that Brunet had a cause of action premised on the theory of negligence. Avondale alleges that this cause of action is barred by the exclusive remedy provision of the Louisiana Workers' Compensation Act. Second, Avondale alleges that the trial court erred by refusing to charge the jury on the issue of whether Brunet contracted lung cancer after September 30, 1976. Under the law in effect at the time of Brunet's contraction of lung cancer, the exclusive remedy was under the Louisiana Workers' Compensation Act. In its third 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.
APPLICABILITY OF WORKERS' COMPENSATION LAW
In our analysis, we find determinative the issue raised by Avondale in its Answer to Appeal, that plaintiff may not sue Avondale in tort because his illness is a covered occupational disease under LSA-R.S. 23:1031.1 as it was in effect at the time of his employment at Avondale.
Mr. Brunet has alleged that he c
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|