Climmie Craft’s diagnosis of asbestos-related lung cancer was unsurprising after her husband Jerry died of malignant mesothelioma: she had spent years laundering his asbestos-covered clothing and breathing in the deadly fibers. When she filed suit against the companies she blamed for their exposure, the defendants successfully argued against admission of testimony by an expert witness deposed in the case, but an appeals court judge reversed the trial court’s decision, allowing the testimony to be presented to a jury.
Take Home Asbestos Blamed for Woman’s Lung Cancer
Before his death from mesothelioma, Climmie Craft’s husband Jerry spent years working for a variety of stevedore companies. When her asbestos attorney enlisted the opinion of Certified Industrial Hygienist Kenneth Garza, defendant Ports America Gulfport and others filed objections to his testimony, arguing that it was inadmissible based on a previous Louisiana court’s decision. Mrs. Craft appealed this decision to the Court of Appeal of Louisiana, Fourth Circuit.
Mr. Garza’s deposition offered the opinion that Mr. Craft’s mesothelioma had been the result of significant occupational exposures to asbestos while employed by the defendants and that Mrs. Craft had suffered significant household exposures to asbestos while laundering her husband’s work clothing. In reviewing the case and the testimony offered by Mr. Garza in the asbestos lung cancer case, the judges of the Court of Appeal reversed the lower court’s decision, noting that the previous court’s ruling would impact the weight that would be given to Mr. Garza’s testimony, but not its admissibility.
Appeals Court Allows Lung Cancer Victim’s Expert Witness to Testify
While the asbestos companies argued that the expert witness’s opinion was based on insufficient facts and data, thus precluding him from testifying, the court of appeals agreed with the widow that Mr. Garza met the requirements of having specialized knowledge that would help the jury understand the evidence; would be based on sufficient facts or data; would be the product of reliable principles and methods; and would reflect a reliable application of those principles and methods. The judges both allowed him to submit testimony and reversed the trial court’s previous decision that Mr. Garza would be limited to offering only general industrial hygiene opinions at trial.
If you or someone you love has been diagnosed with an asbestos-related disease, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
