RUCKSTUHL v. OWENS CORNING FIBERGLAS CORP.

No. 97 CW 1132.

709 So.2d 238 (1998)

Evelyn Decuir Ruckstuhl and Richard E. RUCKSTUHL v. OWENS CORNING FIBERGLAS CORPORATION, et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied March 24, 1998.


Attorney(s) appearing for the Case

Sean D. Fagan, George R. Covert, Baton Rouge, for Plaintiffs-Appellees Evelyn Decuir Ruckstuhl, Richard E. Ruckstuhl, Julie R. Rainwater, Richard E. Ruckstuhl, Jr., Kenneth D. Ruckstuhl.

Daniel P. Olohan, David Guerry, Michael A. Patterson, Daniel D. Holliday, III, Baton Rouge, and Andrew J. McElaney, Jr., Boston, MA, for Defendant-Appellant Hollingsworth and Vose Company.

Michael T. Cali, John J. Hainkel, III, New Orleans, for Defendant Owens Corning Fiberglas Corporation.

Barbara E. Bourdonnay, Metairie, for Defendant Anco Insulations, Inc.

Michael D. Harold, Robert H. Cooper, Metairie, for Defendant The Babcock and Wilcox Company.

Jerald L. Album, New Orleans, and Paul H. Aloe, New York, NY, for Defendant Rapid American Corporation.

Richard L. Forman, Jackson, MS, for Defendant Owens Illinois, Inc.

Susan B. Kohn, New Orleans, for Defendant McCarty Corporation.

A. Wendell Stout, III, New Orleans, for Defendant GAF Corporation.

Steven W. Copley, A. Gregory Grimsal, New Orleans, and William S. Ohlemeyer, Kansas City, MO, for Defendant Lorillard Tobacco Company.

Edwin A. Ellinhauser, New Orleans, for Defendant Pittsburgh Corning Corporation.

J. Michael Johnson, New Orleans, for Defendant Combustion Engineering, Inc.

Before CARTER and FITZSIMMONS, JJ., and CHIASSON, J.Pro Tem.


REMY CHIASSON, Judge Pro Tem.

Evelyn and Richard Ruckstuhl, residents of East Baton Rouge Parish, Louisiana, filed suit against several defendants, alleging Mrs. Ruckstuhl was diagnosed with malignant mesothelioma, a form of lung cancer, in March 1996, as a result of asbestos exposure from two sources: (1) from work clothes worn by Mr. Ruckstuhl while he was employed at the Baton Rouge Exxon refinery; and (2) from Kent cigarettes smoked by her from 1952-1956, which...

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