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LOUISIANA RECORD

Friday, March 29, 2024

Numerous energy, insurance and industrial entities sued by worker claiming asbestos exposure

Air asbestos sticker

NEW ORLEANS – A Belle Chasse man is suing multiple corporations for their alleged failure to protect him from work-related asbestos exposure he claims resulted in his contraction of lung cancer.

Frank G. DeSalvo filed suit against Huntington Ingalls Inc. also known as Avondale Industries, Inc. (f/k/a Avondale Shipyards, inc), Avondale executive officers Albert Bossier, Jr., J. Melton Garrett, Onebeacon America Insurance Company (as successor to Commercial Union Insurance Company), American Employers Insurance Company, American Motorists Insurance Company, Bayer Cropscience, inc. (As successor of liability to Rhone Poulenc AG company), Amchem Products Inc., Benjamin Foster Company, Eagle Inc. (formerly Eagle Asbetos & Packing Company, Inc.), Foster-Wheeler, LLC (formerly Foster-Wheeler Corporation), General Electric Company, Hopeman Brothers Inc., The McCarty Corporation (successor to McCarty Branton Inc. and predecessor and successor to McCarty Insulation sales, inc.), Reilly-Benton Company Inc., Riley Power Inc. (Babcock Borsig Power Inc., DB Riely Inc.,  Riley Stoker Corporation), Taylor-Seidenbach Inc., CBS Corporation (Westinghouse Electric Corporation), Maryland Casualty Company, Shell Oil Company, Shell Chemical LP, Entergy Louisiana LLC, Chevron Oronite Company LLC, Wyeth Holdings Corporation (American Cynamid Company), Lou-Con Inc. and its executive officer Bernard Lyons and Union Carbide Corporation in the Orleans Parish Civil District Court.

DeSalvo, a welder employed by Avondale from 1962-1966, alleges during this four year period with the company he was exposed to dangerous levels of toxic substances containing asbestos. He claims that he contracted asbestos-related lung cancer first diagnosed around Dec. 30, 2012.

Avondale and the other defendants are accused of failing to reveal and knowingly concealing inherent dangers in the use of asbestos, including the ability to expose family members through clothing.  Additionally, Avondale is accused of reckless storage, handling and transport of asbestos, and failing to provide safe equipment, proper ventilation and medical monitoring.

DeSalvo is seeking unspecified damages for past, present, and future hospital, medical, pharmaceutical and nursing expenses due to his lung-cancer and other asbestos-related conditions he could likely incur, such as mesothelioma.

Cook is seeking unspecified damages for the above counts plus compensatory damages.  DeSalvo seeks compensation for his loss of earning capacity and permanent partial disability which will progress to full disability.

DeSalvo is represented by Baron & Budd PC of Baton Rouge.

The case has been assigned to Division J Judge Paula A. Brown.

Case no. 2013-10729.

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