Results
Released January 29, 2004
Discon Law Firm Wins Judgment In Excess Of 92 Million Dollars
Thomas Discon of Discon Law Firm was appointed by the 22nd Judicial District Court for Washington Parish as class counsel for the Class Action tort case entitled "In Re: Chemical Release At Bogalusa". The case arose out of a tank car explosion in Bogalusa, Louisiana on October 23, 1995. 100,000 lbs. of a toxic gas known as Nitrogen Tetroxide was released into the surrounding community due to the reckless conduct of Gaylord Chemical Company. The case was tried from September 2, 2003 until December 10, 2003. The jury of ten ladies and two men deliberated the case and returned a verdict in favor of the class and against Gaylord Chemical Company and its insurers for 92,000,000 Dollars (92 million).
Discon Law Firm Obtains 3.3 Million Dollar
Settlement For Consrtuction Worker
3.3 Million Dollar settlement for construction worker who fell 100 ft. from a riverside grain loading/offloading facility due to the improper welding and fabrication of a spout used to control the flow of grain. The plaintiff was securing the spout's flange in place with bolts when the spout broke apart from its flange since it was only tack welded to it. Plaintiff and the spout fell approximately 100 ft. into the river. Plaintiff sustained brain damage and his leg was amputated at the knee. The fabricating company of the spout had no insurance and a case had to be made against the owner of the grain facility who was insured, yet not liable jointly and in solido with the other defendant under Mississippi law. The owner was only liable for its individual percentage of fault. The plaintiff's employer was immune from liability under the applicable worker's compensation law. Any fault attributable to the employer would not have been collectible by plaintiff due to the employer's worker's compensation immunity.
Released May 12, 2003
Discon Law Firm Wins Judgment Over $3,000,000
Against Asbestos Manufacturer
In Hennegan v Cooper/T. Smith, 837 So. 2d 96 (La. App. 4 Cir.), 2002, James Hennegan, a seaman diagnosed with malignant mesothelioma brought action under Jones Act and general maritime law against barge owner and alleged manufacturers of asbestos-containing products. Following seaman's death, seaman's wife asserted supplemental claim for wrongful death and a survival action on behalf of estate. Following bench trial, the Civil District Court, Orleans Parish, No. 97-13547, Robin M. Giarrusso, J., entered judgment against manufacturer, Garlock Inc., awarding $2,500,000 in general damages plus legal interest and special damages of $596,770. Manufacturer appealed. The Court of Appeal, William H. Byrnes, III, C.J., held that: (1) evidence supported finding that seaman was exposed to friable, respirable asbestos fibers in manufacturer's gaskets and packings; (2) manufacturer's gaskets were unreasonably dangerous per se; (3) gasket manufacturer had duty to warn barge owner and seaman of the hazards of asbestos exposure; (4) gasket manufacturer was liable for the whole of seaman's injury under maritime rule of solidary liability; and (5) trial court's finding that barge owner was only 20 percent at fault was not manifest error.
Affirmed.
Tobias, J., concurred and assigned reasons.
Louisiana Supreme Court has denied Cert on the case.
Discon Law Firm Obtains 1.8 Million Dollar
Verdict For Seaman.
Murphy Walton vs. Cooper T. Smith Stevedoring, Inc. And Singapore Shipping Corporation PTE., LTD., 709 So. 2d 941 La. App. 4th Cir. 1998
1.8 Million Dollar verdict, including interest, for seaman who sustained tarsal tunnel syndrome of his ankle after jumping to a dock from a foreign vessel departing its berth. The accommodation ladder had been stowed away by the ship's crew. The crew of the ship refused to place out the slide gangplank for the seaman to exit the ship safely. The plaintiff's superintendent left plaintiff on the vessel and jumped to the wharf himself since the accommodation ladder had been taken in by the vessel's crew. The case was tried for three weeks in State Court in St. Bernard Parish and no fault was attributed to the plaintiff. 50% liability was found against each defendant.
Released July 2004
Discon Law Firm Obtains Million Dollar Medical Malpractice Settlement
Million Dollar settlement for a retired gentleman who received toradol drug injections to treat his arthritic spine condition from his general practitioner that caused him to become a paraplegic. It was alleged the toradol caused esophagogeal ulcers that induced prolonged bleed that lead to spinal cord ischemia. This case occurred in St. Tammany Parish which is known for very conservative jury verdicts.
Released December 2004
Discon Law Firm Obtaines $840,000 Settlement For
Injured Seaman
Captain of inland tug which caught on fire injured his neck and lungs while attempting to extinguish an engine room fire. He underwent a cervical anterior fusion for a herniated disc and had lung damage from smoke inhalation while fighting the fire. After two years of recovery, the captain recovered 100% lung capacity and was released to return to work as a captain. It was alleged the vessel was unseaworthy for catching fire and because the vessel was not equipped with an automated extinguishment system in the engine room. The case settled for $840,000.
