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Despite Asbestos Company Objections, Expert Witness Permitted to Testify

When a person is diagnosed with malignant mesothelioma or another asbestos-related disease and decides to pursue legal action against those who are responsible, they need to know that they face a long and often frustrating road. Though it has been well established that mesothelioma is caused by exposure to asbestos, the companies that they identify as being responsible for their exposure to the carcinogenic material will do everything they can to avoid legal and financial responsibility. This is why it is so important for the victim to make sure that they are working with legal professionals who are well aware of asbestos company tactics, and prepared to fight for their rights. An excellent example of this was recently seen in a California case in which the asbestos company fought against the mesothelioma victim’s family’s expert witness being allowed to testify.

Asbestos exposure has been named the cause of many diseases beyond mesothelioma. In the case of William Duty, a drywall taper, the diagnosis was colon cancer. Mr. Duty died of the disease in 2010, and his widow and three children filed a claim against TRZ Realty LLC and a number of other defendants, holding his occupational exposure to asbestos responsible for his cancer and subsequent death. Before the lawsuit could begin to be heard in court, TRZ moved to disqualify the expert witness that the family was using to support their claims: they argued that he was not qualified.

Using an expert witness is an integral part of almost every personal injury lawsuit, including those involving mesothelioma and other asbestos-related diseases. These experts provide essential information for a jury to consider as they weigh whether an asbestos company is at fault or not. In this case the expert is Dr. Revels Cayton, a medical doctor who specializes in multiple areas of practice, including gastroenterology and oncology. Dr. Cayton testified that he had studied asbestos related diseases for over thirty years, but TRZ moved for his testimony to be barred, and the original court hearing the case agreed. An appeals court has now overruled that decision and will permit his testimony at trial. The Court of Appeals of California determined that the initial decision was incorrect. They also ordered that the family be provided reimbursement for their court expenses in filing the appeal.

If you or someone you love is facing mesothelioma or another asbestos-related disease, you need to know that the system is working and that people are on your side. At Mesothelioma.net, we are here to make sure you have all the resources you need. For more information on how we can help, contact us at  1-800-692-8608.


Terri Oppenheimer

Terri Oppenheimer is an experienced blog writer, editor, and proofreader. She graduated from the College of William and Mary with a degree in English. She specializes in providing content for websites and finds tremendous enjoyment in the things she learns while doing her research. Her specific areas of expertise include health, medical research, and law.

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