Asbestos Law in Other jurisdictions: Wayne County, Michigan

Courts in other jurisdictions have also ruled in friction cases. Judge Robert Colombo, Jr., the asbestos judge in Wayne County, Michigan (my counterpart), summarily denied defendants' motions seeking to preclude evidence linking brake exposure to mesothelioma in Chapin v A.& L Parts, Inc. (Index No. 324775 NP). After being directed by the Michigan appellate court to hold a Daubert hearing Judge Colombo credited Dr. Lemen's testimony finding that the evidence plaintiff was presenting was neither novel in methodology or science and was therefore admissible.

Judge Mark Davidson, the Texas Multidistrict Litigation (MDL) Judge for asbestos cases, in In re Asbestos Litig., conducted a three-day hearing in response to a limine motion joined in by Ford Motor Company, seeking to preclude all plaintiffs' witnesses claiming that mesothelioma can be caused by exposure to brake linings in automobiles and trucks. He relied in part on a Texas case, Merrell Dow Pharms., Inc. v Havner (953 SW 2d 706 [Tex 1997]) which established the requirements of proof of general and specific causation and that epidemiological evidence demonstrating twice the likelihood of contracting the disease was essential to establish general causation.

Richard Lemen, Eugene Mark and Ronald Dodson testified at the MDL hearing. The court ultimately concluded that a case-by-case review of the occupational history of each plaintiff together with a pathological examination and review was necessary to determine whether to admit evidence of causation. He rejected Dr. Mark as a witness but otherwise denied defendants' motion.

Courtesy of New York State Lab Reporting Bureau

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Other jurisdictions and asbestos: Wayne County, Michigan
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Court opinion

Court opinion in brake mechanics' mesothelioma case
Court opinion in mesothelioma case of brake mechanics

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