Appeals Court: Exception of Prescription Should Not Have Been Granted Without Sufficient Evidence of Asbestos Injury

BATON ROUGE, La. - A Louisiana appeals court has reversed a trial court decision to award judgment to several defendants in an asbestos case, finding that the defendants failed to show when a plaintiffs' cause of action accrued so that it may be subject to dismissal according to the statute of limitations. Greenfield v. Lykes Brothers Steamship Company, et al., No. 2002-CA-1377 (La. Ct. App., First Cir.).

In its May 9 decision reversing a decision denying Plaintiff Edward W. Greenfield's motion for new trial, the First District Court of Appeal said that a finding in favor of defendant's exception of …