Court Upholds Dismissal, Says Plaintiff Failed to Prove Product was Present

NEW ORLEANS -- A Louisiana appellate court has upheld an award of summary judgment to an insulation manufacturer, opining that the lower court had correctly determined there was insufficient evidence placing the defendant's product at a hospital where the decedent worked. Thibodeaux, et al. v. Asbestos Corp. Ltd., et al., No. 2007-CA-0617 (La. Ct. App., 4th Cir.).

On Feb. 20, the Louisiana Fourth Circuit Court of Appeal affirmed the summary judgment award, partially relying on the testimony of another former hospital worker, who could recall only one instance when the defendant supplied insulation to the hospital, and that occurred after …