Court Says Date of Death Governs Application of Comparative Fault in Asbestos Case

BATON ROUGE, La. - Louisiana's Comparative Fault statute applies prospectively to wrongful death claims when the 'event' giving rise to the claim - which, in the case of occupational exposure claims, is death - occurs after the date the statute became effective, that state's Supreme Court has ruled. Landry v. Avondale Industries, Inc., et al., No. 03-CC-3432; 03-CC-3434; 03-CC-3435 (La. Sup. Ct.).

In a decision reinstating an award of summary judgment to several asbestos product manufacturers and an insurer, the Louisiana Supreme Court on July 2 ruled that since it is undisputed that the decedent in the underlying case died …