A Louisiana First Circuit Court of Appeal upheld a $3.2 million verdict on behalf of plaintiff Ray Rando against contractors Parsons Infrastructure & Technology Group, Inc. and Jacobs Constructors, Inc. Rando worked as a welder and pipefitter from 1965 to 1985 and developed mesothelioma as a result of asbestos exposure while he worked for the defendants. He was diagnosed with the disease in 2006 and the original case was heard about 15 months ago.
“Ray Rando’s employers tried repeatedly to evade responsibility for his injuries, but these committed attorneys convinced the trial court, and then the Court of Appeal, that these companies were responsible to their employees for exposing them to dangerous levels of asbestos,” said attorney Russell Budd in a recent press release.
“The appeals court confirmed that Louisiana’s 1952 Workers’ Compensation Act does not cover mesothelioma and so does not bar suits by mesothelioma victims against their employers,” the press release noted. Also, the Court of Appeal ruled that Rando’s case “was not barred by Louisiana’s 10-year preemptive period to bring claims for injuries arising from deficiencies in the construction of improvements to real property.”
The court also ruled that, because Rando’s employer, a contractor who did major “turn-key” construction jobs at a chemical plant, had “control over the construction” at the time of his asbestos exposure, Rando’s claims against his employer “fell within the statute’s exception and were not untimely.”