Asbestos trial set June 21 in Orleans Parish; Benjamin Moore lead defendant

Alejandro de los Rios Jun. 11, 2010, 2:48am


An asbestos case naming 28 defendants is set to start jury trial Monday, June 21 at Orleans Parish Civil District Courthouse.

New Orleans residents Beatrice, Doryk, and Paulette Graf are suing on behalf of Philip Graf, who allegedly contracted malignant mesothelioma and suffered physically, financially, mentally and emotionally before dying.

The original petition for damages stated two different dates for Philp Graf's death: Jan. 19, 2008 and Nov. 26, 2007. No clarification could be found before the Orleans Parish Clerk's Office was closed Thursday.

New Orleans attorney Mickey Landry filed the original petition for damages on March 12, 2008. New Orleans attorneys Frank Swarr and David Canella, and Houston attorney Jessica Dean are also representing the plaintiffs.

Benjamin Moore & Co. is listed as the lead defendant and the other 28 companies named individually or as successors-in-interest include the Sherwin-Williams Co., Georgia-Pacific Corp., Kaiser Gypsum Co. Inc. and the Metropolitan Life Insurance Co.

The suit alleges that Philip Graf contract asbestos over a 30-year period where he worked several jobs in metal works and was self-employed as a drywall worker.

The suit claims that Metropolitan Life is liable because it allegedly "aided and abetted the negligence and the marketing of unreasonably dangerous asbestos containing products by such manufactures" which caused Graf's death.

The rest of the defendants allegedly are liable because they designed, tested, evaluated, manufactured, packaged, furnished stored, handled transported, installed supplied and/or sold asbestos-containing products for use at, including but not limited to, each of the facilities and/or individuals.

The case will be presided over by Judge Paulette Irons.

Orleans Parish Case 2008 - 02755

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