Judge Denies Crane Co.’s Arguments Against Mesothelioma Case Being Heard
When Robert Grimes was diagnosed with malignant mesothelioma, the family law attorney immediately realized that his years working as an apprentice coppersmith in the early 1960s had exposed him to asbestos. Though he died in December of 2017, the lawsuit he filed against Crane and Co. was continued by his domestic partner, Linda F. Phelps, who recently won an important court victory.
Asbestos Company Asks for Mesothelioma Claim to be Dismissed
To support her accusation that Crane and Co.’s negligence had caused Mr. Grimes’ mesothelioma, Ms. Phelps submitted testimony from three expert witnesses. The first testified about Mr. Grimes’ lost earnings; the second about his potential asbestos exposure at the Brooklyn Navy Yard; and the third about how asbestos exposure leads to mesothelioma.
Crane and Co. filed a motion for each of these three experts’ testimony to be barred, and for the case itself to be dismissed based on a lack of genuine dispute as to any material fact. They attributed the lack of dispute on what they called the absence of evidence in support of Ms. Phelps’ case.
Judge Allows Most of the Expert Witnesses to Testify in Mesothelioma Case
In reviewing Crane and Co.’s plea, District Judge Alison J. Nathan modified some of the testimony that the experts would be allowed to provide in the mesothelioma claim but allowed most of it to be presented. She restricted some of the projections about his lost income, but ruled that all of the other testimony was admissible.
With reference to the company’s motion to dismiss the mesothelioma lawsuit entirely, the judge pointed out that the motion was based on its arguments regarding the expert witness testimony. She concluded that because she had denied those arguments, genuine issues of material facts remain to be determined. The case will move on to be heard by a jury.
FREE Financial Compensation Packet
- Info on law firms that will recover your HIGHEST COMPENSATION
- Learn how to get paid in 90 days
- File for your share of $30 billion in trust funds
