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LOUISIANA RECORD

Tuesday, April 16, 2024

Former neighbor of pipe manufacturer sues over lung cancer diagnosis

Air asbestos sticker

GRETNA – A Gretna native is suing after she allegedly contracted mesothelioma after living next to a facility for three decades that manufactured cement piping containing asbestos.

Emathious Joseph filed suit against Burmaster Land & Development Company LLC, Zurich American Insurance Company and Asbestos Corporation Ltd. in the 24th Judicial District Court on July 10.

Joseph claims she lived at 1027 Pailey St. in Gretna from the 1950s throughout the 1970s when Johns-Manville manufactured asbestos-containing cement pipe at a nearby facility. The plaintiff alleges the defendants failed to take any precautions regarding the exposure of the plaintiff to asbestos and did not safely dispose of asbestos waste materials. In fact, Joseph asserts Burmaster negligently allowed asbestos materials to be used as fill in residential neighborhoods, schools and playgrounds.

The defendant is accused of knowing their product was defective, not ascertaining the safety of asbestos before exposing other to it, not devising a method to dispose of asbestos materials and breach of warrant of merchantability.

An unspecified amount in damages is sought for medical expenses, physical pain and suffering, physical disability, mental pain and suffering, loss of benefits and loss of enjoyment of life.

Joseph is represented by Roshawn H. Donahue of New Orleans-based Martzell & Bickford.

The case has been assigned to Division G Judge Robert A. Pitre Jr.

Case no. 740-169.

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