950 F. Supp. 2d 1217
D. Utah2013Background
- Anderson, self-represented by estate, filed mesothelioma claim; case removed to district court; later remanded for trial; Crane moved to exclude expert testimony on specific causation; Horn and Dikman experts were retained but did not examine or interview Anderson; Dikman died, but substance of testimony retained for Daubert analysis; court evaluates Rule 702/Daubert standards; Smith v. Ford referenced for analogous holding; plaintiffs lack data on exposure to defendants’ products or fiber types; the court grants Crane’s motion to exclude ‘every exposure’ causation testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether every-exposure causation testimony is admissible under Rule 702/Daubert. | Anderson argues exposure any amount from defendant’s product contributes to mesothelioma. | Crane contends the opinion is unreliable and lacks sufficient data and methodology. | Excluded; not admissible under Daubert/Rule 702. |
| Whether the experts’ lack of exposure data on specific products undermines reliability. | Experts rely on aggregate exposure concept rather than product-specific exposure. | Need product-specific dose data; theory lacks data. | Exclusion affirmed for lack of sufficient data. |
| Whether the theory has adequate scientific support given latency and lack of threshold evidence. | Any exposure contributes; theory supported by general asbestos literature. | No established threshold; high degree of uncertainty; speculative. | Excluded under Daubert/Rule 702. |
Key Cases Cited
- Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (U.S. 1993) (gatekeeper role; scientific validity required)
- Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (U.S. 1999) (flexible Daubert testing for technical evidence)
- Atl. Richfield Co. v. Farm Credit Bank of Wichita, 226 F.3d 1138 (10th Cir. 2000) (Daubert factors; testing, peer review, error rate, acceptance)
- In re Breast Implant Litig., 11 F. Supp. 2d 1217 (D. Colo. 1998) (admissibility standards; reliability of expert testimony)
- Mitchell v. Gencorp Inc., 165 F.3d 778 (10th Cir. 1999) (Daubert factors; expert testimony reliability)