Court Affirms In Limine Motion Excluding Deposition Testimony in Asbestos Case

BIRMINGHAM, Ala. - The Alabama Supreme Court has left intact an asbestos defense verdict, ruling that the trial court did not err when it granted a motion precluding the plaintiff from entering into evidence deposition testimony taken in another similar case. Barnes v. Norfolk Southern Railway Co., No. 1982061 (Ala. Sup. Ct.).

In a brief opinion issued Oct. 5, the court said the verdict issued in favor of Norfolk Southern Railway Company should not be disturbed and that the exclusion of testimony from the company's chief medical officer, Dr. Max Rogers, should remain excluded.

Rogers' testimony became an issue at …