Abadie v. Asbestos Corp.

Louisiana Court of Appeal

Abadie v. Asbestos Corp.

136 So. 3d 119, 13 La.App. 5 Cir. 768, 2014 WL 562276, 2014 La. App. LEXIS 303

CourtLouisiana Court of Appeal

DecidedFebruary 12, 2014

DocketNo. 13-CA-768

StatusPublished

This text of 136 So. 3d 119 (Abadie v. Asbestos Corp.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abadie v. Asbestos Corp., 136 So. 3d 119, 13 La.App. 5 Cir. 768, 2014 WL 562276, 2014 La. App. LEXIS 303 (La. Ct. App. 2014).

Pincite

Opinion

STEPHEN J. WINDHORST, Judge.

| ¡)Defendani/third-party plaintiff, Huntington Ingalls Incorporated, f/k/a Northrop Grumman Ship Systems, Inc., f/k/a Avondale Industries, Inc. (“Avondale”) appeals the district court’s judgment granting summary judgment in favor of third-party defendant, Executone Systems of La, Inc. (“Executone”). For the reasons discussed below, this appeal is dismissed.

Plaintiff, Leonard Abadie, Jr., now deceased, filed the underlying suit against multiple defendants, including Avondale, claiming that his exposure to asbestos from various sources resulted in his development of mesothelioma. In response to the suit, Avondale filed a third-party demand against various defendants, including Executone. Avondale’s third-party demand against Executone was based on claims of “take-home” or household asbestos exposure by Mr. Abadie, Jr., from asbestos fibers brought home on Mr. Abadie, Sr.’s clothing during Mr. Abadie, Sr.’s employment with Executone from 1961 to 1970.

| sExecutone filed a motion for summary judgment seeking a dismissal with prejudice of Avondale’s third-party demand. On May 6, 2013, the district court rendered judgment in favor of Executone. This appeal followed.

On February 5, 2014, the same day the case was submitted to this Court, the parties filed a Joint Motion to Dismiss contending that they resolved their differences. Pursuant to La. C.C.P. art. 2162, an appeal can be dismissed by consent of all parties. Therefore, we grant the Joint Motion to Dismiss and dismiss this appeal.

APPEAL DISMISSED.

Free access — add to your briefcase to read the full text and ask questions with AI

STEPHEN J. WINDHORST, Judge.

| ¡)Defendani/third-party plaintiff, Huntington Ingalls Incorporated, f/k/a Northrop Grumman Ship Systems, Inc., f/k/a Avondale Industries, Inc. (“Avondale”) appeals the district court’s judgment granting summary judgment in favor of third-party defendant, Executone Systems of La, Inc. (“Executone”). For the reasons discussed below, this appeal is dismissed.

Plaintiff, Leonard Abadie, Jr., now deceased, filed the underlying suit against multiple defendants, including Avondale, claiming that his exposure to asbestos from various sources resulted in his development of mesothelioma. In response to the suit, Avondale filed a third-party demand against various defendants, including Executone. Avondale’s third-party demand against Executone was based on claims of “take-home” or household asbestos exposure by Mr. Abadie, Jr., from asbestos fibers brought home on Mr. Abadie, Sr.’s clothing during Mr. Abadie, Sr.’s employment with Executone from 1961 to 1970.

| sExecutone filed a motion for summary judgment seeking a dismissal with prejudice of Avondale’s third-party demand. On May 6, 2013, the district court rendered judgment in favor of Executone. This appeal followed.

On February 5, 2014, the same day the case was submitted to this Court, the parties filed a Joint Motion to Dismiss contending that they resolved their differences. Pursuant to La. C.C.P. art. 2162, an appeal can be dismissed by consent of all parties. Therefore, we grant the Joint Motion to Dismiss and dismiss this appeal.

APPEAL DISMISSED.

Cite This Page — Counsel Stack

Bluebook (online)

136 So. 3d 119, 13 La.App. 5 Cir. 768, 2014 WL 562276, 2014 La. App. LEXIS 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abadie-v-asbestos-corp-lactapp-2014.