Worker files suit against former employer for past exposure to asbestos-containing products

By Andrew Stevens | Jul 30, 2014

Frank J. Swarr

NEW ORLEANS – A man who worked as a welder, sandblaster and pipefitter has filed suit against his former employer for negligently exposing him to asbestos-containing products that led to him contracting multiple forms of cancer.

Lloyd A. Mahe filed suit against Eagle Inc., Reilly-Benton Company Inc., McCarty Corporation, Owens Illinois Inc., McDermott Inc., Freeport Sulphur Company, Freeport-MC Moran Energy LLC, Mosaic Global Holdings Inc. and Liberty Mutual Insurance Company in the Orleans Parish Civil District Court on June 12.

The plaintiff claims he was exposed to asbestos and silica while working as a sandblaster, welder, and pipefitter from the 1950s through the 1990s for defendant Freeport Sulphur.  The plaintiff claims he handled or was in the vicinity of others using or handling asbestos-containing products at various facilities that led to him breathing in the dangerous fibers.  The plaintiff asserts he contracted cancer of the esophagus, stomach, colon, lung, and pancreas as a result of this exposure.  The plaintiff claims he did not have knowledge or reason to believe the asbestos or silica he inhaled was dangerous even though the defendant knew or should have known the inherent dangers that existed with asbestos-containing products.  The plaintiff claims this negligence by the defendant directly led to his contraction of multiple forms of cancer.

The defendant is accused of using products that are unreasonably dangerous or possess inherent properties that make them unreasonably dangerous by presenting high potential for causing serious injury, lack of sufficient warning of the hazards these products present, lack of safety instructions for reducing the health risks associated with use of the products, failure to truthfully report the results of product testing associated with foreseeable hazards by foreseeable users, defects in the composition and construction of these products, failure to recall products, and over-warranting the safety of these products that were manufactured, sold, supplied and/or used by the defendants that have caused harm to the plaintiff.

The plaintiff is seeking an unknown amount in damages for medical costs, mental anguish, pain and suffering, loss of quality of life and disability.

Mahe is represented by Frank J. Swarr from the firm of Landry & Swarr LLC in New Orleans.

The case has been assigned to Division N Judge Ethel S. Julien.

Case no. 2014-5845.

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