BATON ROUGE, La. (Legal Newsline) – Appealing a $3.8 million judgment, a defendant named in a Louisiana asbestos case unsuccessfully argued the lower court erred by considering the surviving plaintiffs’ own pain and suffering in a survival action.

Judge Ernest Drake delivered the Nov. 10 opinion for the majority in Louisiana’s First Circuit Court of Appeals affirming the lower court’s $3.8 million judgment in favor of the plaintiffs. Judges Michael Guidry and Jewel E. Welch concurred. Judge William J. Crain filed a separate concurring opinion.