James Grant Gooding died of malignant mesothelioma on March 22, 2020, less than three weeks after he filed a personal injury lawsuit against several companies he blamed for having exposed him to asbestos. His survivors enlisted expert witnesses to support their wrongful death claim, and in response General Electric filed a motion to exclude their testimony. The U.S. District Court for the Eastern District of Louisiana denied their request.
Mesothelioma Victim Suffered Years of Exposure to Asbestos
Mr. Gooding blamed his malignant mesothelioma on exposure to asbestos he suffered while working as an engineer for the American Bureau of Shipping from 1970 through 1979. Before his death he was deposed and testified about his various exposures, including from the GE turbines that he inspected and worked around.
In support of their mesothelioma lawsuit, his survivors enlisted the help of two expert witnesses, industrial hygienist Kenneth Garza and pathologist Dr. Brent Staggs. General Electric filed a motion to exclude their testimony, arguing that the opinions they provided were not specific to Mr. Gooding’s exposure to asbestos from GE turbines, and that therefore they were irrelevant.
Court Denies GE’s Motion to Exclude Mesothelioma Victim’s Expert Witnesses
After reviewing General Electric’s motion, the court determined that the expert witness’ testimony could be used in the mesothelioma case. They found that both witnesses were qualified based on their knowledge or experience in the field, and that the testimony provided by the victim was sufficient to establish that he had been exposed to asbestos from GE’s turbines. They wrote that there was “no doubt that Mr. Garza and Dr. Staggs have specialized knowledge that is relevant because it will help ‘the trier of fact to understand the evidence or to determine a fact in issue.’”
If you or someone you love has been diagnosed with malignant mesothelioma, the road to justice can take many turns. For information on what to expect and how to move forward, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
