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Pugh Accardo Wins Appeal of Its Successful Motion for Summary Judgment

On September 21, 2022, the Louisiana Fourth Circuit Court of Appeal affirmed summary judgment in favor of a trailer manufacturer sued in an asbestos case in New Orleans. Plaintiffs alleged that their decedent’s mesothelioma was caused by exposure to trailer brakes repaired and replaced in the course of his work as a mechanic. On behalf of the trailer manufacturer client, Larry Pugh filed a Motion for Summary Judgment on the basis that plaintiffs could not prove exposure to its trailers’ brakes, arguing that it was “factually impossible” for there to have been causative exposure, given the types of trailers it manufactured and the trailers used by the stevedoring company at the time of decedent’s exposure. The Motion for Summary Judgment was granted and plaintiff appealed. The Fourth Circuit Court of Appeal affirmed, finding that the manufacturer had carried its burden of proof and plaintiff had not created an issue of fact by presenting evidence that it was even possible for the decedent to have been exposed to their trailers’ brakes. Plaintiffs’ attempt to raise new issues during oral argument was deemed in violation of the Procedural Rules and disallowed. Congratulations to Larry and his team.

Asbestos Insurance Defense, Larry Pugh

Attorneys

  • Amy Malish
  • Christopher E. Carey
  • Daniel E. Oser
  • Donna M. Young
  • Douglas R. Elliott
  • Ernest George Foundas
  • Francis Philip Accardo
  • Francis X. deBlanc, III
  • Frederick T. Haas, III
  • H. Philip Radecker, Jr.
  • Jacqueline A. Romero
  • Jamie H. Baglio
  • Joseph L. Spilman, III
  • Lawrence G. Pugh, III
  • Maura Pelleteri
  • McGready L. Richeson
  • Milele N. St. Julien
  • Richard J. Voelker
  • Stephen W. Brooks, Jr.
  • Thomas A. Porteous

Practice Areas

  • Admiralty and Maritime Law
  • Class Actions, Mass Actions, and Multi-District Litigation
  • Franchise Law
  • General Civil Litigation
  • Toxic Torts and Environmental Litigation
  • Workers’ Compensation and Employer Liability
  • Main Telephone: 504.799.4500 | Fax: 504.799.4520
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