Friday, July 11, 2014

Judge Does not accept expert testimony as fresh evidence in the case of asbestos widow

Rick Kornak provides sharp news and interesting articles for the Mesothelioma Cancer Alliance. Bio.

Rick Kornak

June 26, 2014

Seattle, Washington - the widow case against Marine Services Co. LLC manufacturer denied the revision after having initially ended in mistrial. Joanne K. Lipson, whose husband died of mesothelioma, said that "hot tops" - an insulation product manufactured by on Marine Services - contained asbestos. Mrs. Lipson has alleged that her husband came in contact with 'hot summits' and has been exposed to asbestos during his time working in a steel mill.

During the trial, maritime services argued that asbestos at the top hot society degraded and detoxified during the steelmaking process. Order to have the case reconsidered, Mrs. Lipson has offered expert testimony indicating that "significant quantities" of asbestos suffered the heat. Judge James L. Robart would not accept evidence as new evidence, noting that the Court is "concerned not with the correctness of the conclusions of the expert, but the robustness of the methodology.

J. Robart was referring to the fact that the evidence could not be considered as new if it was in possession of the applicant at the time of the trial, or if it could be discovered through research. Data such as the temperatures of molten steel and in which the asbestos fibres degrade, it is "certainly something which [Mrs. Lipson] could have discovered with reasonable diligence.

"Absence of new evidence, the event of the trial is not an opportunity for the parties to discuss gaps in their cases identified during the first trial," judge Robart wrote in his opinion.

Asbestos exposure is the main cause of mesothelioma. Despite the ban on asbestos for decades, there are about 3,000 made mesothelioma diagnoses every year.

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Judge Does not accept expert testimony as fresh evidence in the case of asbestos widow

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