The Louisiana Supreme Court has reversed a ruling of the 1st Circuit Court of Appeal and will allow a wrongful death trial against ExxonMobil to resume next week with 11 jurors, an attorney in the case said late Friday afternoon.


Baton Rouge attorney Lewis Unglesby said he thinks the trial could resume as soon as Tuesday.
The trial is about whether ExxonMobil should be to blame for the death of a contract worker, James Terrance, who worked at the company’s plant in the 1960s. Terrance, who died from mesothelioma, chipped asbestos from pipes.

Unglesby represents Terrance’s widow, Sadie Terrance.


On May 30, in the second week of the trial, a juror had to be excused because of heart problems. State District Judge Janice Clark granted Unglesby’s request to continue with 11 jurors.
ExxonMobil’s attorney objected, claiming state law requires that 12 jurors hear a case unless both sides agree to going forward with fewer jurors. ExxonMobil refused to make such an agreement and asked the 1st Circuit to review Clark’s ruling.


The 1st Circuit ruled that the parties did not agree to proceed with fewer than 12 jurors; therefore, a mistrial should have been granted.



Source: The Advocate