News: Appellate Victory

Mar 5, 2020

Appellate Victory
David Bienvenu and Jade Shaffer recently obtained an appellate victory for our client in a benzene exposure case. Our firm represented the premises owner and former employer of the plaintiff.  The plaintiff alleged that his multiple myeloma was caused by occupational exposure to benzene while working as a shift foreman from 1964 through 1983. The plaintiff was diagnosed with multiple myeloma in March 2015, but did not file suit until three years later, after seeing an advertisement from an attorney in a magazine regarding benzene in June of 2018. On appeal, we argued that the plaintiff’s claim prescribed in March 2016, one year after his diagnosis, as the diagnosis constituted “constructive knowledge” under Louisiana law sufficient to commence prescription.  The Louisiana First Circuit Court of Appeal upheld the District Court’s ruling, sustaining our Peremptory Exception of Prescription, and dismissing the claims against the defendants.
Thank you for Reading