Segal McCambridge Attorneys Succeed in Effort to Bar Plaintiff's Experts and Screening Company Evidence


November 6, 2009

On October 22, Judge Theodore Sosin excluded an asbestos expert's opinions submitted in response to motions for summary judgment, finding that they relied on materials from unreliable mass screenings by Respiratory Testing Services Inc. ("RTS").

Judge Theodore M. Sosin set a deadline for the plaintiffs to disclose the medical evidence and all expert witness and causation evidence on which they intended to rely. After deposing the witnesses, numerous defendants moved for summary judgment, arguing that the plaintiffs had failed to provide any admissible evidence on causation.

Segal McCambridge represented A.W. Chesterton, Garlock Sealing Technologies, LLC, Foster Wheeler, and Weil-McLain in these cases.

Plaintiffs responded with a letter from Dr. Stephen Newman. The defendants sought to strike and exclude Newman's testimony from the summary judgment record, along with that of Respiratory Testing Services Inc. (RTS), on whose reports he had relied in reaching his opinion.

Judge Sosin said Newman's opinions and conclusions are based on documents from RTS that are considered unreliable. Therefore, his opinions and conclusions are unreliable and inadmissible under Indiana Rules of Evidence 702 and 703. As a result, Newman's opinions and conclusions should be stricken from the summary judgment record, the judge said.

Likewise, Judge Sosin held that the records and diagnostic materials arising from RTS' "mass screenings" should also be stricken from the summary judgment record as unreliable under Rules 702 and 703.

To review the order excluding the expert, click here. To review the order excluding RTS, click here.