For purposes of this article, the deceased mesothelioma victim in this case will be referred to as D.S.

In a recent ruling, the California Court of Appeals revived a lawsuit filed by the family of D.S., a former power plant worker who died from mesothelioma. D.S.'s death was linked to many years of asbestos exposure during his time maintaining power plants for Pacific Gas & Electric. The Court of Appeals' ruling overturned a lower court's dismissal of the case, allowing the family to present its case in front of a jury. The surviving family members now have the opportunity to get the justice and compensation they deserve for their loss. 

For decades, Mr. S worked at Pacific Gas & Electric facilities, assisting contractors in repairing turbines and generators. His work not only involved maintaining the equipment but also cleaning up the asbestos-laden debris that was left behind. These activities generated clouds of dust, which he and his colleagues inhaled regularly. Unfortunately, this constant exposure to asbestos fibers eventually led to D.S. being diagnosed with mesothelioma, a rare but aggressive form of cancer that is primarily caused by asbestos exposure.

After his passing, his family filed a wrongful death claim against Westinghouse Electric Corporation, which is now part of ViacomCBS. The lawsuit alleged that the asbestos found in the company's product was a direct cause of Mr. S's illness. A crucial part of their case was an expert witness who was supposed to clarify how D.S.'s exposure to asbestos from Westinghouse products resulted in his mesothelioma.

However, after the family submitted information about the expert witness on December 22, 2023, the defendant claimed the information was provided a day late. Westinghouse asked the court to throw out the expert testimony, and the trial judge agreed. With their primary expert excluded, the judge determined that the family could not fulfill its burden of proof and dismissed the case altogether. D.S.'s family filed an appeal.

In their appeal, D.S.'s family argued that they had disclosed the necessary information on time and that the trial court had made a mistake in its calculations. The California Court of Appeals agreed with them. After reviewing court rules, the Court clarified that expert witnesses need to be named either 50 days before the trial date or within 20 days of a request, whichever comes first. Since the trial was set for February 13, 2024, the correct deadline was December 22, 2023, taking the Christmas holiday into account. This meant that the family had designated their expert before the time ran out.

With the expert testimony back in play, the Appellate Court found that D.S.'s family had enough evidence to proceed with their case. Not only did the family have an expert to testify about D.S.'s asbestos exposure, but they also had witness statements confirming that Mr. S frequently worked with and around the Westinghouse equipment, often in dusty conditions due to repairs and clean-up. The Court of Appeals found that this evidence was sufficient for a jury to determine the facts of the case.

Arizona Mesothelioma Lawyers

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help you and your family live a more comfortable life.