ADAMS v. ASBESTOS CORP. LTD.

No. 39,952-CA.

914 So.2d 1177 (2005)

J.B. ADAMS, et al., Plaintiffs-Appellants v. ASBESTOS CORPORATION LTD., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

October 28, 2005.


Attorney(s) appearing for the Case

LeBlanc & Waddell, by Jody E. Anderman, Brian F. Blackwell, Baton Rouge, Baron & Budd, by Lawrence G. Gettys, Kevin D. McHargue, Sherri A. Saucer, Baton Rouge, for Plaintiffs Appellants.

Phelps Dunbar, by H. Alston Johnson III, Jane H. Barney, Annette N. Peltier, Baton Rouge, for Defendants Appellees.

Before STEWART, CARAWAY, PEATROSS, MOORE and LOLLEY, JJ.


STEWART, J.

This is an appeal from a summary judgment in favor of the defendant, Eaton Corporation. The trial court determined that asbestos is a covered pathogen under the 1952 version of La. R.S. 23:1031.1, which first provided workers' compensation coverage for occupational diseases, and dismissed the survival action of the plaintiffs, heirs of Walter Counts, on the grounds that workers' compensation provides the exclusive remedy. Because we find no genuine issue...

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