Family Can Pursue Asbestos Consortium Claim, But Not Against Execs

LAKE CHARLES, La. - A cause of action against corporate officers for loss of consortium resulting from an asbestos-related injury accrues when the exposed plaintiff is diagnosed with an asbestos-related disease, a state appeals court has ruled. Ewing, et al., v. Armstrong World Industries, Inc., et al., No. 02-918 (La. Ct. App., Third Cir.).

Affirming a trial court decision, the Third Circuit Court of Appeal held Feb. 19 that while the date of diagnosis fits within the timeframe for an allowable loss of consortium claim, it also precludes the family of Murphy Ewing from seeking retribution from the executive officers …