Judges Permit Expert Witness Testimony in Mesothelioma Lawsuit
When asbestos companies are found guilty of negligence in mesothelioma lawsuits, it costs them enormous amounts of money, so defendants go to great lengths to disprove what victims have to say. Since most cases rely on testimony from expert witnesses, asbestos companies frequently argue against allowing them to tell what they know. Fortunately, judges have a clear understanding of what is valuable and what is not, and they deny these requests when they aren’t appropriate. Such was the case in the U.S. District Court in the Western District of Washington, where District Judge Robert S. Lasnik permitted the mesothelioma victim’s witnesses to present testimony.
Shipyard Argues Against Mesothelioma Expert Witnesses
The motion to exclude expert testimony revolved around the mesothelioma death of John Wineland, who had served in the Navy in 1974. Wineland had worked aboard the USS Tuscaloosa in the engine room, and his surviving family had requested expert testimony from four individuals that the Puget Sound Commerce Center objected to. The shipyard had argued that the witnesses did not have specific knowledge of the asbestos exposure that Mr. Wineland had suffered.
The four expert witnesses were selected because of their unique knowledge of separate aspects of Mr. Wineland’s mesothelioma case. The first was Captain Arnold Moore, who was familiar with naval warships , their operation and maintenance during the same time that Mr. Wineland had served. The second was Steven Paskal, a Certified Industrial Hygienist with knowledge of how much asbestos exposure an individual would suffer based upon their specific work environment. The third was Dr. David Y. Zhang, a licensed physician specializing in Pathology and Occupational Medicine, and the fourth was Charles Ay, an asbestos insulator in the shipyard industry from 1960 to 1981 who had worked in all areas of hundreds of Navy ships.
Judge Rules that Each Expert’s Testimony is Admissible
Upon review of each expert’s area of knowledge and what they would testify to, Jude Lasnik determined that their ability to provide evidence did not rely upon being able to give eyewitness testimony, and that each would provide evidence that would build on each other’s and contribute to a jury’s understanding. All four will be permitted to testify.
If you or someone you love has been diagnosed with malignant mesothelioma, you will rely upon the expertise of others. To learn how the Patient Advocates at Mesothelioma.net can put you in touch with these experts, contact us today at 1-800-692-8608.
FREE Mesothelioma PacketWritten by Terri Oppenheimer
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