In a companion case of
Exxon Mobil v. Ford et al, both sides must have been nervous when a
toxicology expert witness testified. After all, $1.65 billion in
compensation was at stake. Although the toxicology expert was just
one of the many experts called at that time, his testimony surely
have contributed to the outcome of the case.
As a background: dozens
of Jacksonville, MD households had sued Exxon Mobil for an undetected
gas leak from one of its service stations that contaminated water
wells in the area. The households filed two lawsuits against Exxon
Mobil, including the $1.65 billion companion case. After the oil
company lost both cases, they elevated them to the Maryland Court of
Appeals.
In a legal case involving
chemicals, a toxicology expert is generally called in to support or
refute any evidence presented. He or she examines affected
individuals, reviews medical reports, and works with legal
authorities, among others. In this case, the toxicology expert
recommended annual tests for certain ailments that costs up to $2,000
per year for each respondent.
However, the Maryland
Court of Appeals also found that the “expert testimony generalized
that all Respondents faced a significantly increased risk of
developing a future disease, without providing individual assessments
of any Respondent.” That finding partly contributed to the Court’s
reversing the decision of the $1.65 billion companion case and
sending it back to the lower court for a new trial.
No comments:
Post a Comment