Marrero resident sues previous employers claiming brain cancer result of asbestos exposure

By Michelle Keahey | Dec 2, 2013

NEW ORLEANS - A Marrero resident claims he developed brain cancer after years of exposure to asbestos and has filed a lawsuit against four of his previous employers.

Emile France and Julia France filed suit against Chevron U.S.A. Inc., McDermott Inc., Hess Corp. and Tate & Lyle Ingredients Americas on Nov. 22 in federal court in New Orleans.

Emile France worked for McDermott as an operator in 1962 for approximately six months and worked at Hess from approximately 1962 to 1964. France also worked for Tate & Lyle as a pumper and gauger from 1967 to 1971 and as an employee of Alliance Refinery from 1971 to 1976. According to the lawsuit, he was exposed to and inhaled significant quantities of asbestos and asbestos-containing products. France claims he developed lung cancer, brain cancer, impaired pulmonary capacity, and reduced lung volume as a result of the exposure to asbestos.

France is filing a Jones Act claim against McDermott. Defendant Hess, Chevron, Tate & Lyle and McDermott are accused of negligence and strict liability for not providing respiratory protection or other personal protective equipment, not providing proper training in the proper safety procedures, failing to have the necessary equipment to perform the required work, failing to have properly trained and competent crew, and for failing to comply with applicable regulations and laws.

The lawsuit is seeking an award of damages for pain and suffering, medical expenses, physical therapy, disability, emotional and psychological anguish and distress, loss of income, loss of enjoyment of life, loss of consortium, loss of service and loss of society, punitive damages, court costs, attorney’s fees, and interest.

The plaintiffs are represented by L. Eric Williams, Jr. of Williams Law Office in Metairie and Richard J. Fernandez and Amber E. Cisney of Richard J. Fernandez, LLC in Metairie. A jury trial is requested.

U.S. District Judge Nannette Jolivette Brown is assigned to the case.

Case No. 2:13-cv-06474

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