Judge Denies Company’s Attempt to Shut Down Asbestos Testimony in Mesothelioma Trial
Though Captain Francis J. Burger may not be an expert in malignant mesothelioma, he does know a lot about the use of asbestos onboard Navy vessels. His decades of experience in shipbuilding and his knowledge of Navy specifications made him a natural expert witness in a case involving asbestos exposure onboard the USS Purdy. Despite or because of this, asbestos company John Crane objected to his testimony and asked for it to be struck. Multiple judges denied the company’s request.
Mesothelioma Victim’s Case Supported by Navy Captain’s Testimony
Captain Burger’s testimony was part of a case filed by Arnold Pritt, who was diagnosed with malignant mesothelioma after having served on the USS Purdy from December 1961 to August of 1964. Mr. Pritt and his wife are pursuing liability claims against John Crane, Inc. and other defendants, accusing them of negligence and product liability violations in having exposed him to the carcinogenic material.
In response, John Crane filed a motion to strike Captain Burger’s testimony, but the magistrate judge hearing the case denied their petition. The company then filed an objection to her decision and asked a district judge to overturn it. That judge supported the lower court magistrate’s ruling.
Navy Captain Deemed Qualified to Provide Testimony in Mesothelioma Claim
In his review of the asbestos company’s motion in the mesothelioma claim, District Judge Nathaniel M. Gorton of the United States District Court of Massachusetts considered the company’s claim that Captain Burger lacked relevant expertise. The company argued that his opinions on product composition and warnings were unreliable and contradictory. He also weighed the captain’s hands-on experience and knowledge of the Navy’s requirements regarding its vessels, and of what the Navy expected of the manufacturers that supplied their equipment.
Judge Gorton’s decision came down on the mesothelioma victim’s side. He agreed with the Pritts that Burger was both an expert on military specifications and qualified to offer opinions. He also noted that the asbestos company would have the opportunity to question the captain in front of a jury and that the jury could then decide whether his testimony was relevant or not. The information that Burger provided in support of Mr. Pritt will stand.
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