La. Federal Judge Rejects Contributory Negligence Defense in Asbestos Exposure Case

NEW ORLEANS — A Louisiana federal judge has denied defendants’ motion for summary judgment in an asbestos exposure action, ruling they failed to proffer sufficient evidence supporting their defense of contributory negligence on the part of the deceased.

On Aug. 8, Judge Ivan L.R. Lemelle of the U.S. District Court for the Eastern District of Louisiana said the evidence presented by defendants did not show that the decedent’s cigarette smoking substantially contributed to his lung cancer.

James Becnel was employed in various positions by or on the premises of Avondale Shipyards in 1965. Becnel alleged that during that time, he …