Plaintiffs seek continuance for expedited asbestos trial motion

By Alejandro de los Rios | Jul 22, 2010

Plaintiff counsel has filed a motion to continue a hearing for a previous motion for an expedited trial setting that was set for July 23 in Orleans Parish Civil District Court.

Baton Rouge attorney Jo Lea is representing Jefferson Parish residents Dennis and Cynthia Landry in an asbestos suit against nine companies. Dennis Landry was diagnosed with malignant pleural mesothelioma in October 2009 and the suit claims it was a result of asbestos exposure from his work as a steam fitter and plumber from 1969-1986.

Lea filed the original motion for an expedited trial setting on June 15, claiming that Dennis Landry's condition was "rapidly deteriorating." On July 13, Lea filed a motion to dismiss Hopeman Brothers Inc. without prejudice, after they had been listed as defendants in the original petition for damages.

Named defendants still involved in the suit include Eagle Inc., Reilly-Benton Co. Inc. (RBCI), Zurich American Insurance, Commercial Union Insurance, McCarty Corp. and Westchester Fire Insurance.

New Orleans attorney Samuel Rosamon III is representing McCarty Corp. and their insurer, Commercial Union Insurance. On July 6, Rosamon filed a motion of improper venue, vagueness and a motion to strike, requesting that the plaintiff's petition amend its "vague and open-ended allegations" levied against McCarty and Commerical Union. A hearing date for that motion has been set for Sept. 10.

Lake Charles Attorney William McCall is representing Westchester Fire Insurance. The Houston law firm Willingham, Fultz Cougill LLP is representing RBCI. New Orleans attorney Glen Mercer is representing Zurich American Insurance.

Judge Sidney Cates IV is overseeing this case.

Orleans Parish Case 2010-06065

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