Date of Exposure, Not Death, Triggers Louisiana Comparative Fault Act

NEW ORLEANS, La.- A Louisiana appeals court has held that an asbestos claimant's date of exposure, and not his date of death, is the event that determines whether the state's Comparative Fault Act may be applied to the claim. Landry v. Avondale Industries, Inc., et al., No. 2003-C-1174 (La. Ct. App., Fourth Dist.).

Reversing an award of summary judgment to defendant Reilly-Benton Company, Inc., the Fourth Circuit Court of Appeal said Sept. 17 that it was an error of law that led to the trial court's decision that the Act was applicable to Clailee Landry's wrongful death suit, which she …