Fla. Court Grants 3M’s Motion to Strike Affidavit of Co-Worker in Asbestos Case

JACKSONVILLE, Fla. –– The declaration of a co-worker in an asbestos suit has been stricken by a Florida federal court, which agreed with the defendant that the subject matter of the affidavit had not been previously disclosed.

In the June 26 opinion, the U.S. District Court for the Middle District of Florida further said that the plaintiffs’ reasoning for the late declaration would “encourage litigation by ambush.”

The plaintiffs contended in their complaint that Darryl Dugas developed mesothelioma as a result of asbestos exposure during his time in the U.S. Navy.

3M, however, moved to strike an affidavit from Gary …