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FAULKNER v. McCARTY CORP.

No. 2002-CA-1337.

853 So.2d 24 (2003)

Douglas FAULKNER and Gloria Faulkner v. THE McCARTY CORPORATION, Owens Corning Fiberglas Corporation, Combustion Engineering, Inc., Garlock, Inc., Pittsburgh-Corning Corporation, Rock Wool Manufacturing Company, Anco Insulations, Inc., Acands, Inc., Rapid American, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 9, 2003.

Attorney(s) appearing for the Case

John F. Dillon, John F. Dillon, PLC, and Frank Swarr, Mickey P. Landry, Landry & Swarr, L.L.C., and Donni E. Young, Scott Galante, Ness, Motley, PA, New Orleans, LA, for Plaintiff/Appellant.

Francine Weaker, New Orleans, LA, and Henry E. Yoes, III, Yoes Law Firm, Lake Charles, LA, and Joseph P. Tynan, Montgomery, Barnett, Brown, Read, Hammond & Mintz, L.L.P., New Orleans, LA, for Defendant/Appellee.

(Court composed of Judge JOAN BERNARD ARMSTRONG, Judge TERRI F. LOVE, Judge LEON A. CANNIZZARO JR.).

Judge TERRI F. LOVE.

Plaintiffs filed suit, asserting Douglas Faulkner was exposed to asbestos while working as a longshoreman for various stevedoring companies from 1951 through 1989. The trial was bifurcated, and the Board of Commissioners of the Port of New Orleans ("Dock Board") was the only defendant to opt for a bench trial. The remaining defendants submitted to trial by jury. The jury awarded judgment for the plaintiff, however at the bench trial, the judge...

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