Judge Dismisses Secondhand Smoke Lawsuit

USA TODAY – July 17, 2012

A lawsuit against a New Orleans casino for allegedly failing to protect employees from secondhand smoke was dismissed by a federal judge this week on technical grounds, according to court documents.

The lawsuit was filed by Denise Bevrotte on behalf of her deceased son Maceo Bevrotte Jr., claiming that Caesars Entertainment Corp. of Las Vegas did not take adequate measures to protect employees at the companys Harrahs New Orleans hotel and casino from exposure to secondhand smoke. Bevrotte blames the company for Maceos death.

Maceo was diagnosed with leukemia after working for nearly 15 years at Harrahs, where he was routinely exposed to carcinogenic secondhand smoke. He died from the disease in 2010.

U.S. District Judge Sarah Vance said in dismissing the lawsuit that Bevrotte had to file a Workers Compensation claim, not a wrongful death suit, because her lawsuit claims that her sons leukemia was an occupational disease.