NEW ORLEANS - Claiming her husband died from asbestos exposure, Carol Phillips and the Estate of Robert Lee Phillips filed suit against ABB Combustion Engineering Inc., Centerpoint Energy Inc., Associated Electric Cooperative Inc., Nebraska Public Power District, and City of Grand Island in St. John the Baptist District Court.
The defendant removed the case to federal court in New Orleans on April 2.
Phillips worked for the defendants for various times from 1956 until 1980. The lawsuit argues that he was exposed, on numerous occasions, to asbestos or asbestos-containing products and inhaled great quantities of asbestos fibers. Phillips developed mesothelioma and ultimately died as a result of his alleged exposure, the suit claims.
The defendants are accused of negligence and premises liability for failing to provide a safe place to work, failing to inspect, approve, and supervise the work of Philips and his co-workers, failing to provide adequate warnings, physical examinations, safety equipment, ventilation, and breathing apparatus to prevent Phillips from being harmed by exposure to asbestos, failing to comply with the applicable regulations regarding workplace exposure to asbestos, failing to provide adequate safety equipment, and failing to protect Phillips from any asbestos exposure.
The lawsuit is seeking an award of wrongful death and survival damages for physical pain and mental anguish, pain, medical expenses, physical impairment, total disability, loss of earning capacity and wages, expenses for domestic help and nursing care, loss of love and affection, loss of services, medical expenses, funeral expenses, attorney’s fees, interest, and court costs.
The plaintiff is represented by LaPlace attorney Leandre M. Millet.
U.S. District Judge Martin L. C. Feldman is assigned to the case.
Case No. 2:13-cv-00594