Court Reverses Summary Judgment, Rules Contradictory Product ID Testimony Creates Fact Issue in Asbestos Case

NEW ORLEANS - Evidence presented on behalf of a former repairman who claims he contracted asbestosis after working around asbestos-containing boilers is enough to defeat summary judgment because it stands in contrast to claims by the companies that made the products, a state appeals court in Louisiana has ruled. Berthelot v. Avondale Industries, Inc., No. 2002-CA-1779 (La. Ct. App. Fourth Cir.).

The Fourth Circuit Court of Appeal said in a Feb. 26 opinion that because the contradiction in testimony creates a question of fact that should be evaluated by a jury, summary judgment should not have been awarded to the …