MARYLAND – Honeywell filed a Daubert motion to preclude the plaintiff’s experts from opining that chrysotile asbestos used in automobile brakes causes pleural mesothelioma or that every exposure is causative. The plaintiff retained Dr. Arthur Frank, Dr. John Maddox and Dr. John Finkelstein as experts. Honeywell argued that each expert offered the “each and every exposure” theory, which is barred under Daubert. The plaintiff agreed, and instead argued that his experts’ opinions were based on the plaintiff’s specific exposure level and not the general fact that he was exposed to chrysotile asbestos.
The court agreed, distinguishing this case from Rockman, in which the plaintiff’s experts used studies regarding high levels of amphibole asbestos exposure to formulate opinions about a plaintiff with low level chrysotile asbestos exposure. The court found there was evidence that Duggar had significant exposure to chrysotile asbestos. The court, therefore, ruled that the experts’ opinions would be helpful to the jury and denied the motion to preclude their testimony. The court did, however, grant the motion in part to deny any testimony regarding the “each and every exposure” theory.
Read the case decision here.