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Evidence Keyed to Sklansky
Kirk v. Raymark Industries, Inc.
Citation:
61 F.3d 147 (3d Cir. 1995)Facts
The plaintiff’s husband, a retired painter, died of asbestos-induced mesothelioma. The plaintiff sued the defendants arguing that her husband’s mesothelioma was caused by exposure to dust from asbestos products they manufactured during his employment at a shipyard.
During trial, Defendant Owens-Corning offered the expert testimony of one Dr. Demopoulos to prove that the overwhelming majority of asbestos-induced mesotheliomas are caused by crocidolite asbestos fiber. Owens-Corning introduced this evidence to support its argument that its product did not contain crocidolite fiber and therefore could not have caused the decedent’s mesothelioma.
However, the plaintiff was permitted to read to the jury the prior trial testimony of Dr. Louis Burgher from an unrelated New Jersey State Court asbestos action in 1992. In that case, Dr. Burgher had been an expert witness for Owens-Corning and testified on cross-examination that it was possible for mesothelioma to be caused by chrysotile fibers contaminated with tremolite. Owens-Corning argued that this was improper hearsay.
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