Expert Witness Testimony Is Pivotal in Mesothelioma Lawsuits
Whether you are the victim of asbestos exposure or you’re pursuing justice for someone you loved, mesothelioma lawsuits entail a significant amount of time and an enormous amount of evidence. Testimony from expert witnesses is among the most critical parts of presenting a case, as juries rely on the information presented to assess whether a defendant has been negligent. In a recent case, an asbestos company filed a motion to prevent an expert witness from speaking to a jury, but a Louisiana judge denied their petition and allowed the evidence to be presented.
Mesothelioma Victim Had Been Exposed to Asbestos on the Job
The case in question involved Callen Cortez, a mesothelioma victim whose family continued his case after his death. Their lawsuit named several defendants, including Hopeman Brothers, a company that they accused of contributing to his risk of developing mesothelioma because of the negligent way that their asbestos-containing wallboard was cut in Mr. Cortez’ presence. The family enlisted an industrial hygienist, Gerald Baril, to provide expert witness testimony about how dust and fibers from cutting wallboard spreads in a workplace environment.
In response to Mr. Baril’s planned testimony in the mesothelioma cas, Hopeman Brothers filed an objection to block his testimony. They argued that Mr. Baril had no specific knowledge of the way that asbestos-containing materials were handled in Mr. Cortez’ workplace, despite the fact that he referenced several scientific studies that specifically examined different situations and compared the dust created to current and historical health standards.
Asbestos Company Tries to Block Testimony About “Significant Risk of Mesothelioma”
When Hopeman Brothers learned that Mr. Baril was going to testify that Mr. Cortez had been at “significant risk of mesothelioma” from their wallboards and workplace practices, they argued that his methodology was inappropriately applied and this his lack of familiarity with the specifics of their operations made him an unreliable and inappropriate witness.
The Louisiana court hearing the mesothelioma case considered Hopeman Brothers’ assertions, but denied their petition. They noted that there was no requirement for the victim’s family to show the precise amount of asbestos exposure suffered by their loved one: rather they simply needed to present evidence that the asbestos he was exposed to was harmful. The witness will be permitted to testify for the jury.
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