Ray F. Rando v. Anco Insulations Inc.

Summary

The Supreme Court of Louisiana granted consolidated writs to resolve a circuit split and held that mesothelioma is not a compensable occupational disease under the 1952 version of La. R.S. 23:1031.1, so a pipe fitter's tort action against his employers for asbestos-caused mesothelioma is not barred by the Act's exclusive remedy provision. The Court further held the claims were not perempted under La. R.S. 9:2772 because the Section 9:2772(E) exception extends to a contractor 'otherwise' in possession or control of the improvement, which turnkey contractor JCI had at the time of Rando's significant exposure. On the merits, the Court upheld the rulings that JCI and Parsons owed Rando a duty extending to onlooker asbestos exposure, that his exposure was a substantial factor causing his mesothelioma, and that the $2.8 million general damage award was not an abuse of discretion, affirming the First Circuit. Justice Victory, dissenting, joined by Justice Weimer, would have held that asbestos is an oxygen and metal compound under the statute's plain language, making workers' compensation the exclusive remedy.