A mesothelioma widow seeking justice on behalf of her late husband saw a victory in court when the Superior Court of Delaware granted her request to exclude testimony from a noted memory retention expert hired by the single defendant, asbestos company J-M Manufacturing Company. Ladonna Sue Braxton successfully argued that his testimony would invade the role of the jury in considering and weighing the evidence.
Man’s Mesothelioma Blamed on Occupational Asbestos Exposure
The mesothelioma lawsuit centers on Marvin Jerry Braxton, Jr., who died in 2021. Before his death, Mr. Braxton provided deposition testimony regarding the asbestos exposure he experienced throughout his life, including while installing asbestos-containing pipe manufactured by Certain Teed and Johns Manville while employed by Excavators & Constructors, Inc. His extensive testimony included details about his time working for a union, as well as for several municipalities.
In response to the elderly victim’s testimony, the asbestos company named as defendant asked to include testimony from Dr. Charles Weaver, an expert witness known to the court for providing testimony about the reliability of eyewitness memory. Mrs. Braxton objected to this testimony, arguing that rather than contributing to the jury’s understanding of the evidence, it would suggest that Mr. Braxton’s testimony was not reliable.
Court Agrees that Memory Expert’s Testimony is Irrelevant to Mesothelioma Claim
While J-M Manufacturing argued that Dr. Weaver’s testimony would not be a comment on Mr. Braxton’s credibility, the court agreed with the mesothelioma widow that the framework he would use to evaluate her late husband’s memory attacked his ability to remember events from decades earlier, and therefore his ability to testify truthfully or accurately. The judges concluded that this would be an invasion of the province of the jury.
Writing for the court, Judge Francis J. Jones, Jr. noted that in a mesothelioma claim, “It is the jury’s role to assess a witness’s credibility. J-M Manufacturing may certainly attack Braxton’s memory on cross-examination and discuss evidence produced at trial relating to this issue during closing argument; however, it may not use an expert witness to do so.”
If you or someone you love has been diagnosed with malignant 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.
