Judge Permits Expert Testimony in Mesothelioma Wrongful Death Claim
Malignant mesothelioma is a rare form of cancer caused by exposure to asbestos. Victims and their survivors frequently file personal injury lawsuits against the companies they hold responsible for the exposure, and their claims are supported in court by a wide range of evidence. Testimony from expert witnesses, who offer opinions based on scientific, technical or other specialized knowledge, also helps the jury understand the information being presented. In a recent case, General Electric attempted to have testimony by two expert witnesses excluded, but their request was denied by the judges hearing the case.
Asbestos Fibers from General Electric Turbines Cited as Cause of Mesothelioma
A personal injury lawsuit was originally filed by James Grant Gooding, who was diagnosed with malignant mesothelioma after years of working as an engineer for the American Bureau of Shipping. His job involved performing inspections at Louisiana shipyards, where he was exposed to asbestos. Mr. Gooding died in 2020 and his claim was continued by his survivors.
Among the companies named in the mesothelioma lawsuit was General Electric, whose turbines onboard the SL5 ships he inspected were contaminated with asbestos fibers. The family submitted two expert witnesses to testify about the amount of asbestos that the turbines would have exposed him to. GE asked for their testimony to be excluded, arguing that it was irrelevant because they had no personal knowledge of Mr. Gooding’s actual exposure in the field.
District Court Calls Expert Witness Testimony in Mesothelioma Case “Relevant”
The question of whether the expert witness’ testimony should be allowed was put to the United States District Court for the Eastern District of Louisiana, which considered General Electric’s argument that their opinions were “based on hypotheticals.” The court noted that the company’s own representative had raised a factual question about exposure that the mesothelioma victim might have suffered, and determined that because they both possessed specialized knowledge that would help a jury in its decision, their testimony should be allowed.
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