Navy Captain’s Expert Witness Testimony at Issue in Mesothelioma Lawsuit

When Arnold Pritt was diagnosed with malignant mesothelioma, he and his wife Ruth filed product liability claims against multiple defendants, including John Crane, Inc. They blame each for having exposed him to asbestos when he served in the Navy aboard the USS Purdy from December 1961 to August 1964. When expert witnesses for both sides prepared their reports, John Crane objected to the testimony of Captain Francis J. Burger and filed a motion to strike it. A magistrate judge denied the company’s motion, but John Crane, Inc. filed an objection to her order, asking for it to be overturned. Instead, a district judge has upheld her decision and ruled that the testimony be allowed. 

Navy ship

Expert Witness Testimony is Essential to Mesothelioma Claims

When a personal injury lawsuit involving mesothelioma is filed, the testimony submitted by expert witnesses is crucial to helping the jury understand the evidence that is presented. In the case of Mr. Pritt’s claim against John Crane, Captain Burger had direct, hands-on expertise with respect to the Navy’s asbestos requirements for certain products, as well as for the duty that the Navy imposed on manufacturers to warn about the dangers of the carcinogenic material.  As an expert on military specifications, the Pritts argued that Captain Burger was also qualified to offer opinions on whether asbestos was required in packing.

John Crane’s argument against allowing Captain Burger to testify in the mesothelioma case was based on their assertion that he lacked relevant expertise and that he was introducing unreliable and contradictory opinions on product composition and product warnings. The magistrate judge found that he had sufficient relevant expertise and that the reliability of his opinions was for a jury to decide.

Disputed Testimony Allowed in Mesothelioma Trial

After reviewing arguments from both sides, District Judge Nathaniel M. Gorton of the United States District Court of Massachusetts agreed with the magistrate judge that Captain Burger’s testimony should be allowed. He wrote in his decision that Captain Burger is qualified as an expert based upon his decades of experience in Navy shipbuilding, as well as of his knowledge of Navy specifications and their relationship to the use of asbestos in certain products and related warnings. 

He also found that John Crane’s objections to the expert witness’ testimony is appropriately left to the jury to resolve, and that the defense’s attorneys would have the opportunity to question and challenge him in court on cross examination.

If you or someone you love has been diagnosed with malignant mesothelioma, it is important that you get the support that you need. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.

Terri Heimann Oppenheimer

Terri Oppenheimer

Writer
Terri Heimann Oppenheimer is the head writer of our Mesothelioma.net news blog. She graduated from the College of William and Mary with a degree in English. Terri believes that knowledge is power and she is committed to sharing news about the impact of mesothelioma, the latest research and medical breakthroughs, and victims’ stories.

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