The judges of the Superior Court of Rhode Island recently heard arguments on the admissibility of expert witness testimony surrounding the 2018 mesothelioma death of Bonnie J. Bonito. The woman’s illness was blamed on exposure to asbestos carried home on her late ex-husband’s work clothes, which she laundered.
Mesothelioma Death Blamed on Secondary Exposure to Asbestos
Mrs. Bonito was just 70 years old at the time of her mesothelioma death, which her daughters blame on secondary exposure to asbestos carried home on their late father’s work clothes. According to the original claim filed against seventy named defendants, Mrs. Bonito had been married to Mr. Bonito from December 1966 until 1990, and throughout their marriage, she cleaned his work clothes and shoes approximately three times a week.
According to deposition testimony provided by both the mesothelioma victim and her ex-husband, he would return home in the clothes he wore to his construction job, and her laundry process began with shaking off the dust that covered them. When asked whether she’d breathed in that dust, she said she was sure she had and noted that she did not wear a mask while doing the laundry. She was also present at many of the homes he worked on while joint compounds were sanded down to finish sheetrock installation.
Asbestos Companies Argue Against Expert Witness Testimony in Mesothelioma Lawsuit
Though only two defendants remain in the mesothelioma lawsuit, twelve of the original named defendants argued against two of the plaintiff’s expert witnesses being allowed to testify. One of those witnesses is Dr. Richard L. Kradin, a pulmonologist and pathologist set to testify as to the specific cause of Mrs. Bonito’s death. The other is Dr. Michael Ellenbecker, an industrial hygienist set to testify on the aerosol properties of asbestos and the proper practices necessary to protect workers and family members from the dangers of inhaling asbestos.
After reviewing the defendants’ arguments against the mesothelioma experts’ testimony, the court denied the defendants’ request, permitting both to testify. Though the judge agreed that the industrial hygienist could not posit an opinion on the effectiveness of a warning label, the rest of their testimony may be heard by the jury hearing the case.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net have the resources and answers you need. Contact us today at 1-800-692-8608 to learn more about how we can help.
