La. Court Reverses Rulings on Comparative Fault, Punitive Damages in Asbestos Case

NEW ORLEANS — A Louisiana appeals court has ruled that comparative fault and punitive damages may be applied to a survival action against several defendants for asbestos exposures that allegedly occurred in 1980s and 1990s. Williams v. Asbestos Defendants, No. 2011-CA-0716 (La. Ct. App., 4th Cir.).

The Fourth Circuit Louisiana Court of Appeal ruled May 16 that a trial court erred in awarding summary judgment to defendants on both issues, holding that, in reaching its decisions, the court based its findings on factual determinations reserved for a jury.

The appeals court also reversed awards of summary judgment to defendants …