Posted on April 15, 2022
Frank LaBarre’s malignant mesothelioma came about after decades of working as a tire repairer and salesman and owner of his own auto repair shop. He filed a personal injury lawsuit against the makers and sellers of several brands of asbestos-contaminated brakes, and although he died before his case was heard, his surviving daughter is pursuing the case on his behalf. .
Brake salesman makes bid to have mesothelioma lawsuit dismissed
Ms. LaBarre’s mesothelioma lawsuit against brake defendants seeks damages from those who “manufactured, sold, marketed, distributed and otherwise placed in the stream of commerce” products that were “unreasonably dangerous in their design and construction.” marketing” because of their asbestos contamination. But one of the companies, Bienville Auto Parts, filed a motion to have the case against them dismissed.
In its motion to court, Bienville argued that they should not be required to defend against Mr. LaBarre’s mesothelioma liability based on their assertion that they were not a ‘professional salesman’ of parts brake, which is required by Louisiana law for these types of cases. They also argued that there was no evidence that they knew or should have known that the products they were selling contained asbestos or were hazardous in any way. They also claimed that they had no obligation to warn Mr. LaBarre of the dangers of their product because he was an “informed user”.
Judge Denies Motion to Dismiss and Allows Mesothelioma Case to Proceed
In reviewing the facts presented by both parties in the mesothelioma claim, Judge Barry W. Ashe of the U.S. District Court for the Eastern District of Louisiana rejected the auto parts company’s arguments. He concluded that there was sufficient evidence to show that LaBarre had been frequently exposed to the company’s products and that they could have caused his illness, and that although Bienville was not a professional salesperson, they were qualified as non-manufacturer sellers, which made him liable for the damages he suffered.
The judge also found that there was a question of fact whether Bienville knew their pieces contained asbestos and could cause malignant mesothelioma. He noted that there was no evidence to suggest that Mr LaBarre had knowledge of asbestos contamination of brakes or the dangers of asbestos, and therefore it was inappropriate to classify him as an informed user. . The case will move forward to be heard by a jury.
If you or someone you love has been diagnosed with malignant mesothelioma, it’s important to have knowledgeable and supportive professionals working by your side. For more information about how we can help you, contact Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
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Written by Terri Oppenheimer
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