Grandchildren Cannot Assert Survival Action in Asbestos Case, Court Holds

NEW ORLEANS - The grandchildren of a man who died from mesothelioma cannot be considered successors, eligible to receive settlement proceeds distributed after his death, a state appeals court has ruled. Mazoue v. Avondale Industries, et al., No. 2002-CA-1569 (La. Ct. App., Fourth Dist.).

In a brief decision issued Jan. 22, the Louisiana Court of Appeals held that under a narrow reading of state law, grandchildren cannot step into the shoes of their deceased parents, especially when a direct relative is still living.

Joe Mazoue died from asbestosis and mesothelioma shortly after instituting a lawsuit against those he felt were …