More than 5 decades after their dad worked with and close to asbestos-containing products, a deceased longshoreman’s family is suing a number of companies in New Orleans (LA) in a case which was removed to federal court from the Orleans Parish court.
Mark Stevens, Juanita Stevens Arena, and Calvin Stevens are suing Ports America Gulfport, Cooper/T. Smith Stevedoring Company, James J Flanagan Shipping Corporation, ALCOA Steamship Company, Skank Incorporated, Eagle Inc, and Dixie Machine Welding and Metal Works.
According to the plaintiffs, their dad was exposed on an everyday basis to significant amounts of hazardous asbestos fibres and dust while he was working at the Port of New Orleans as a longshoreman from 1945 until 1956. According to the suit, Green Stevens loaded and unloaded asbestos cargoes which contained raw asbestos fibres and products containing asbestos. The lawsuit further alleges that Stevens suffered bystander asbestos exposure from insulating materials and the asbestos contractors who were working in his area.
According to the suit, Green Stevens diagnosed with malignant pleural mesothelioma and died from the cancer just 3 months after the diagnosis. Mesothelioma is a fatal form of cancer that affects the mesothelium.
The plaintiffs allege that the defendant companies were negligent as they concealed medical info, concealed the inherent hazards of dealing with asbestos cargos, failed to disclose the hazards of using or working close to asbestos, failed to provide enough protection such as clean, inhalable air and sufficient ventilation, and failed to provide showers as well as special clothing.
As the causal exposure took place prior to 1976, the claimants say that no legal immunity had been provided to the employers under Louisiana’s workmen compensation statutes.
The lawsuit was filed originally in the Civil Dist. Court for the New Orleans Parish but removed later to the United States Dist. Court for the Eastern Dist. of Louisiana in New Orleans.
In their lawsuit, Green Stevens’ family is asking for compensatory damages for their loss of society, consortium, support and services. Additionally, they are seeking damages for: pain and sufferings, reimbursement for Green Stevens’ medical bills; burial and funeral expenses; court costs; and attorneys’ fees. The family will be represented by a New Orleans, Louisiana law firm.
Hon. Mary Ann Lemmon, an Article III federal judge for the United States District Court for the Eastern Dist. of Louisiana, will be presiding over this case.
