Expert Witness Testimony Proves Invaluable to Mesothelioma Victim’s Case
It can be a challenge to prove a mesothelioma lawsuit. The asbestos exposure blamed for causing the deadly illness generally occurred decades earlier: memories fade, and physical proof is rarely available. Because of this, plaintiffs rely on testimony from expert witnesses, which often makes the difference.
Navy Veteran Blames Malignant Pleural Mesothelioma on Shipboard Products
David Welch was diagnosed with malignant pleural mesothelioma, and he and his wife Linda blamed his fatal illness on asbestos-contaminated valves that he worked with during his years in the U.S. Navy. Before his death he provided testimony that he had served aboard both the USS Carronade and the USS Princeton as a fireman in the ships’ pipefitters’ welding shop, working alongside and in support of civilian personnel doing repair work for the Navy. He explained that this entailed working on various valves, pumps, and monitoring gauges.
Mr. Welch indicated that this created a “big mess” of asbestos packing that he and others were required to clean up, and it was his exposure during this work that he blamed for his mesothelioma. He filed a personal injury claim against the valves’ manufacturer, Crane Company, arguing that they’d failed to warn of dangers that they’d been aware of, and were therefore negligent and liable for the damages that he’d suffered.
Asbestos Company Argues Against Being Held Responsible for Veteran’s Mesothelioma
Crane Company asked for the mesothelioma case against them to be dismissed, but expert witness testimony from a Navy veteran and maritime expert defeated their motion for summary judgment. After providing his credentials as an engineering plant ship superintendent and project manager at the Norfolk Naval Shipyard, Commander Andrew Ott testified about the valves that had been provided by Crane Company over the years that Mr. Welch had served aboard U.S. Navy ships, and about the significant and substantial exposure that he would have experienced in his role.
He also confirmed what the mesothelioma plaintiffs had said about the intended use and useful life of the gaskets, and that it was understood that during their normal service life, they would be disturbed and that asbestos fibers were likely to be released. Between his testimony and documentary evidence that demonstrated Crane Company’s knowledge of the hazards of asbestos, the court denied the company’s motion for summary judgment and allowed the lawsuit to proceed.
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