Appeals Court: Decision to Exclude Expert Testimony Prejudiced Asbestos Plaintiff

FRANKFORT, Ky. - A trial court erred when it refused to exclude testimony from a defense expert who challenged the plaintiff's claims that he suffered from asbestosis as a result of his occupational asbestos exposure, a state appeals court has ruled. Clephas v. Garlock, Inc., No. 2003-CA-001276-MR (Ky. Ct. App.).

In an opinion issued July 30, the Kentucky Court of Appeals said that the opinions provided by the expert at trial prejudiced plaintiff Charles Clephas because they were not previously disclosed in accordance with the state's rules of civil procedure.

'The discovery of the substance of an expert witness's expected …