Products Liability Law Reporter

A federal district court held that the Louisiana Workers’ Compensation Act (LWCA), La. Rev. Stat. Ann. §23:1031 et seq., covers tort-related claims arising from a mesothelioma victim’s employment, but that premises liability claims against the employer may proceed.

Here, Victor Michel was exposed to asbestos while working as an engine and brake mechanic and generator service technician. He developed peritoneal mesothelioma, a condition that led to his death. His survivors sued various defendants, including Ford Motor Co., alleging negligence, employer liability, premises liability, and products liability. The plaintiffs sought both survivorship damages and wrongful death damages under Louisiana statutory law. Ford moved to dismiss the plaintiffs’ wrongful death claims.

Granting the motion as to the wrongful death claims but denying in part, the court found that the LWCA provides the exclusive remedy for an employee injured by an employer’s negligent acts during the course of employment. The court noted that mesothelioma has been a covered disease under the statute since 1975, so mesothelioma-related tort claims arising out of an employment relationship after that year are precluded. Thus, the court said, if Michel had an employment relationship with Ford, the LWCA bars any tort claims arising after 1975.

Citing the complaint, the court noted that the plaintiffs have pleaded alternatively that Ford had status as an employer and/or a premises owner. Thus, the complaint can reasonably be read to assert both employment and premises claims, the latter of which is not subject to dismissal under the LWCA in that such claims do not require proof of an employment relationship between Ford and Michel. Had the plaintiffs intended to allege that Ford’s only status was that of Michel’s employer, the court said, there would have been no need to make a premises claim.

Consequently, the court granted dismissal only as to the plaintiffs’ wrongful death claims against Ford as Michel’s employer.

Citation: Michel v. Ford Motor Co., 2019 WL 2233779 (E.D. La. May 23, 2019).

Plaintiff counsel: AAJ members Alex S. Dunn Jr., Ashley L. Page, and Roshawn H. Donahue, all of New Orleans; and AAJ members Christopher T. Layloff and Jason J. Steinmeyer, both of Edwardsville, Ill.