In the years before he was diagnosed with mesothelioma, David Scoggins was regularly exposed to asbestos as he maintained power plants for Pacific Gas & Electric. When a lower court disqualified an expert witness, his family appealed the decision. The Court of Appeals agreed that the disqualification had been based on an inaccurate calculation and restored the witness’s ability to testify on their behalf.
Family Sues Corporate Giant Following Mesothelioma Death
According to court records, Mr. Scoggins’ mesothelioma was caused by the work he did, helping contractors repair or overhaul large turbines and generators and cleaning up afterward. He and his coworkers breathed in asbestos dust daily, and this exposure led to the rare form of cancer.
After his mesothelioma death, the Scoggins family sued Westinghouse Electric Corporation (now part of ViacomCBS) and other companies, arguing that his cancer came from breathing asbestos from their products. After submitting information on December 22, 2023, about the expert witness who would testify about David’s specific asbestos exposure, Westinghouse claimed it was provided one day too late and asked the judge to throw out Spear’s testimony entirely. The trial judge excluded the family’s key expert witness, Jerome Spear.
Appeals Court Resolves Question About Mesothelioma Expert Witness
After excluding Mr. Spear, the judge found that the family couldn’t prove their case and dismissed their mesothelioma lawsuit against Westinghouse. The family appealed the decision, arguing that their expert was actually designated on time and that the trial judge had miscalculated. Following its review, the California Court of Appeals cited court rules saying that expert witnesses had to be designated either 50 days before trial or 20 days after the initial request – whichever came first. In this case, 50 days before the February 13, 2024, trial date was December 22, 2023 (accounting for the Christmas holiday).
Since the mesothelioma victim’s family had designated their expert on December 22, the court ruled that they had met the deadline perfectly. Based on this, as well as witness testimony that he’d worked around Westinghouse equipment for decades, helped with repairs that created dust clouds, and cleaned up the resulting mess, the appeals court found that the family had presented enough evidence to let a jury decide whether Mr. Scoggins had been exposed to dangerous levels of asbestos from Westinghouse products. The case will move forward for a jury to hear.
If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
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