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How the lawsuit was filed in the New Orleans Federal Court of Asbestos Death?



The wife of a man who purportedly died from considerable exposure to asbestos has filed a lawsuit in New Orleans federal court against five companies for their alleged failure to warn her husband of the hazards associated with the product. 72-year-old Joseph Frazier died from mesothelioma in 2004 after more than 50 years of exposure to asbestos and asbestos-containing products at work sites in a variety of states. Earlier this month, his wife filed suit against Certainteed Corp., Owens-Illinois Inc., Crown Cork & Seal Company Inc., Georgia-Pacific Corp., and Crane Co. as the personal representative of his death beneficiaries.

The lawsuit claims Frazier was exposed to asbestos while employed by the United States Army, Illinois Fibre Specialty Co., Illinois Roofing & Insulation, Midwest Industrial Siding Inc., Wynwood Builders Inc., L&S Roofing & Insulation, Abbey Home & Builders, Welso Construction Co., and JD Frazier Building Co. The five companies listed in the complaint are the successors to Frazier’s previous employers. Frazier’s wife has accused the companies of negligence and stated they should be held strictly liable for a failure to warn Frazier of the dangers related to asbestos exposure, failure to place sufficient warnings on products which contain asbestos, failure to provide Frazier with the proper safety equipment, failure to implement and follow a safety plan, and failure to remove products which contain asbestos from the marketplace.

Frazier’s widow has asked the New Orleans court to award damages for her own metal anguish and her husband’s mental anguish, conscious suffering and pain, disability, loss of enjoyment of life, disfigurement, and medical expenditures. She has also asked for an award of punitive damages, court costs, and interest. Interestingly, this case was initially filed in Mississippi and dismissed for lack of jurisdiction. The case was later filed in both Alabama and Louisiana. Frazier’s widow has requested a jury trial in Louisiana and stated she will ask that the case in Alabama be dismissed.

Mesothelioma is a rare form of lung cancer. It has been linked to exposure to asbestos and asbestos-containing products. Mesothelioma often occurs in construction workers, shipyard workers, miners, and those employed in industries where asbestos was commonly used. Because symptoms may not appear for many years after exposure, it can be difficult for mesothelioma victims to determine exactly when they were exposed to asbestos. The medical costs associated with mesothelioma treatment are generally quite high. An individual suffering from mesothelioma may be eligible for compensation for medical costs, pain and suffering, lost wages, and relatives may be eligible for death benefits. If you have questions about your mesothelioma diagnosis, a knowledgeable personal injury lawyer can assist you with evaluating the facts of your case.
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