Kirk v. Raymark Industries, Inc.

61 F.3d 147 (3d Cir. 1995)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Alfred, a retired painter, died from malignant asbestos-induced mesothelioma. P sued eight defendants, including Owens-Corning Fiberglas (D) for asbestos-related injuries. P alleged that her husband's mesothelioma was caused by exposure to dust from asbestos products during his employment at the New York Shipyard in Camden, New Jersey. D's product, Kaylo, did not contain crocidolite fiber. D offered the expert testimony of Dr. Harry Demopoulos to prove that the overwhelming majority of asbestos-induced mesotheliomas are caused by crocidolite asbestos fiber. P 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. Dr. Burgher had been an expert witness for D and testified on cross-examination that it was possible for mesothelioma to be caused by chrysotile fibers contaminated with tremolite. After the jury returned a verdict in favor of P, D made a post-trial motion for a new trial based in part on the alleged admission of hearsay evidence, i.e., the prior testimony of Dr. Burgher in an unrelated case. The district court denied this motion. D appealed.