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Asbestos Negligence Verdict: Shipyard Liable for Mesothelioma

Asbestos Negligence Verdict: Shipyard Liable for Mesothelioma

SC

Sohini Chakraborty

Sohini Chakraborty is a lawyer, with over two years of experience in legal research and analysis. She specializes in working closely with expert witnesses, offering critical support in preparing legal research and detailed case studies.

5 min read
Asbestos Negligence Verdict: Shipyard Liable for Mesothelioma

Case Background

Ronald Marcella worked at the Avondale shipyard as a clerk from May 1962 to May 1964. During his employment, his clerical duties required him to go aboard ships and walk around various tradesmen. These tradesmen regularly cut block insulation and handled other raw asbestos materials, which filled the shared air with dust. Decades later, on October 21, 2023, Mr. Marcella passed away. A subsequent autopsy revealed that he had developed asbestos-related mesothelioma, an aggressive cancer caused by breathing in toxic asbestos fibers. His widow, Norma Marcella, and his adult children, Scott Marcella, Troy Marcella, and Toni Hebert, subsequently filed a personal injury lawsuit in a Louisiana state Court. The family named the shipyard owner, Huntington Ingalls Incorporated—historically known as Avondale—alongside several other companies, as Defendants. Avondale later moved the case to federal Court under federal-officer jurisdiction regulations. By the time the trial began on February 2, 2026, the family had dismissed all other primary Defendants, leaving Avondale as the sole remaining direct target of the lawsuit.

Cause

The primary cause of action centered on occupational negligence. The family asserted that Avondale breached its lawful duty to provide a reasonably safe workplace for its personnel. They stated that the shipyard management had received clear warnings about the severe health dangers of asbestos in the early 1960s but completely failed to act on that knowledge. Specifically, the company failed to issue safety warnings to its staff, failed to carry out atmospheric air testing, and failed to provide simple protective equipment like respirators or dust masks to employees working near the hazardous dust.

Injury

The direct injury in this case was the development of fatal malignant mesothelioma. The toxic inhalation of airborne fibers at the shipyard over a two-year span gradually caused the terminal illness. The disease directly resulted in physical pain, mental suffering, and the ultimate death of Mr. Marcella in the fall of 2023.

Damages Sought

The Marcella family sought substantial financial compensation for the extensive damages caused by the shipyard’s operational failures. The family demanded general damages to compensate for the severe physical pain, mental anguish, and emotional distress that Mr. Marcella endured prior to his passing. They also requested compensation for their own profound personal losses, including the loss of companionship, love, and parental guidance resulting from his wrongful death. Furthermore, after the trial concluded, the family requested the Court to amend the final judgment to add pre-judgment interest from the initial date of judicial demand, alongside standard post-judgment interest.

Key Arguments and Proceedings

Plaintiff(s): Norma Marcella | Scott Marcella | Troy Marcella | Toni Hebert.

·       Counsel for Plaintiff(s): David Ryan Cannella | Anders F. Holmgren | Benjamin David Rumph | Christopher C. Colley | Emily Catherine LaCerte | Jordan Bailey Redmon | Kristopher Lynn Thompson | Thomas M. Flanagan

Defendant(s): Huntington Ingalls Incorporated (doing business as Avondale).

·       Counsel for Defendant(s): Gus A. Fritchie | Timothy F. Daniels | David M. Melancon | Kevin Powell | M. Scott Minyard | Alison A. Spindler | Laura A. Leggette | Connor W. Peth | Alexander R. Saunders

Key Arguments or Remarks by Counsel

Claims

The family's legal team maintained that Avondale actively endangered its clerical staff by ignoring well-documented industrial health hazards. They argued that a company's legal obligation to maintain a safe working environment covers all employees, including onlookers and clerks who must work near dangerous manual operations. The attorneys showed that Avondale left Mr. Marcella completely unprotected while tradesmen cut dusty insulation right next to him. They emphasized that the shipyard was the only place where Mr. Marcella ever encountered asbestos during his entire working life.

Defense

Avondale's legal team denied all liability and countered that the family failed to prove any real connection between the shipyard's actions and the illness. The defense argued that the safety standards used across the country in the early 1960s permitted significant levels of daily asbestos exposure. They asserted that because medical science recognizes no safe level of asbestos exposure, Mr. Marcella might have contracted the illness even if the shipyard had followed every 1960s regulation perfectly. Furthermore, Avondale filed third-party lawsuits against six major industrial manufacturers and suppliers, including Foster Wheeler LLC, General Electric Company, International Paper Company, Paramount Global, Uniroyal Holding Inc., and Bayer CropScience Inc. The shipyard argued that if it faced any blame, these manufacturing companies should pay their share because they supplied the raw asbestos products to the facility.

Jury Verdict

The nine-day jury trial took place from February 2, 2026, through February 11, 2026, before United States District Judge Barry W. Ashe. After reviewing the evidence, the jury returned a full verdict in favor of the Marcella family on February 12, 2026.

On the official verdict form, the jurors answered a series of specific liability questions. The jury decided that the family proved that asbestos exposure at the Avondale shipyard was a substantial factor in causing the illness. They also found that Avondale acted negligently by failing to protect its worker. When reviewing the third-party claims, the jury cleared all six outside manufacturers and suppliers of any liability, ruling that Avondale was solely responsible for the injuries.

The jury awarded the Marcella family a total of $6,625,000 in general damages to compensate for the immense physical pain, mental suffering, and personal loss caused by the shipyard's negligence. Following the trial, the Court reviewed additional post-trial motions. On May 26, 2026, Judge Ashe officially granted the family's request to add legal interest to the award. The judge ordered Avondale to pay pre-judgment interest calculated from the initial lawsuit filing date of February 8, 2024, through the final verdict date, along with ongoing post-judgment interest at the standard federal rate until the company pays the full amount.

Court documents are available upon request at [email protected]

About the Author

SC

Sohini Chakraborty

Sohini Chakraborty is a lawyer, with over two years of experience in legal research and analysis. She specializes in working closely with expert witnesses, offering critical support in preparing legal research and detailed case studies.