A California district court recently granted judgment in favor of four defendants in an asbestos case.
The plaintiff died of mesothelioma and his family state he was exposed to asbestos when he was in the U.S. Air Force working as an aircraft technician. They were suing aircraft engine manufacturers United Technologies and Curtiss Wright.
However, the evidence as to which aircraft he worked on was contradictory and the expert witness for the plaintiff said that he would have been exposed to asbestos from certain engine parts such as heat shields, aircraft engine gaskets, and clamps, along with from asbestos dust caused by the vibration and abrasion of aircraft components during the operation of the plane.
The court found his testimony inadmissible as he was not a qualified expert on the issues and stated his testimony did not reach reliability standards.
Without the expert witness statements, the only evidence was a deposition testimony from the deceased which was not sufficient for the claim and therefore the court granted judgment to the defendants.
This ruling shows that the courts need to hear expert testimony which is totally reliable and credible and that plaintiffs need to prove that they actually worked on or with products containing asbestos, and not simply in the general area where asbestos may have been present.
If you have been diagnosed with an asbestos related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.
