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ZIMKO v. AMERICAN CYANAMID

No. 2003-CA-0658.

905 So.2d 465 (2005)

Kenneth Paul ZIMKO and Rochelle Lacourrege Zimko v. AMERICAN CYANAMID, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied July 15, 2005.

Attorney(s) appearing for the Case

Mickey P. Landry, Frank J. Swarr, David R. Cannella, Landry & Swarr, L.L.C., New Orleans, LA, for Plaintiffs/Appellees.

John J. Rabalais, Janice B. Unland, Robert T. Lorio, Paul E. Harrison, Rabalais, Unland & Lorio, Covington, LA, for Defendant/Appellant (Tate & Lyle North American Sugars, Inc.).

Henri Wolbrette, III, Erin Fury Parkinson, Margaret Diamond, McGlinchey Stafford, PLLC, New Orleans, LA, for Defendant/Appellant (American Cyanamid Company).

(Court composed of Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY, JR., Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS, JR., and Judge ROLAND BELSOME).

PATRICIA RIVET MURRAY, Judge.

This is a wrongful death and survival action arising primarily from alleged household and bystander exposure to asbestos that resulted in the plaintiff, Kenneth Zimko, contracting mesothelioma.1 After filing this suit, but before trial, Kenneth Zimko died from that disease. Following a bench trial, the trial court found American Cyanamid Company ("American Cyanamid") liable based on household exposure and...

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