Butler v. Union Carbide Corp.
310 Ga. App. 21
| Ga. Ct. App. | 2011Background
- Mr. Butler developed mesothelioma allegedly from occupational asbestos exposure to products sold by Union Carbide and 15 other defendants.
- Butler retained pathologist Dr. John Maddox to opine on specific causation before Butler’s death.
- Daubert-based Daubert hearing was held; the trial court struck Maddox’s specific causation testimony as unreliable.
- The trial court later granted Union Carbide summary judgment, ruling no admissible evidence supported causation.
- Butler, as administratrix, appealed the Daubert ruling and the summary judgment.
- Butler showed exposure at Watertown Manufacturing (1965–1973) where Union Carbide’s molding compound was used, but evidence suggested it was a small portion of Butler’s overall asbestos exposure.]
- Industrial hygienist testified Butler’s exposure to Union Carbide’s chrysotile-containing compound exceeded background levels.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Maddox’s specific causation opinion | Maddox used reliable methods and literature; any exposure contributes to disease. | Maddox’s theory is untestable and lacks scientific validity under Daubert. | Excluded; Maddox’s opinion failed Daubert reliability. |
| Application of Daubert factors and gatekeeping | Daubert factors favor admissibility; no abuse of discretion. | Daubert factors weighed in favor of exclusion; gatekeeping justified. | Court did not abuse discretion in excluding Maddox’s testimony. |
| Causation sufficiency to survive summary judgment | Exposures to Union Carbide’s product, plus admissible testimony, create a jury question. | Without Maddox’s testimony, no reliable causation evidence; summary judgment proper. | Union Carbide entitled to summary judgment. |
Key Cases Cited
- Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (U.S. 1993) (gatekeeper standard for expert testimony; four-factor test)
- Kumho Tire Co. Ltd. v. Carmichael, 526 U.S. 137 (U.S. 1999) (Daubert factors non-exclusive; trial judge broad discretion)
- Mason v. Home Depot USA, Inc., 283 Ga.271, 658 S.E.2d 603 (Ga. 2008) (Daubert-based reliability; dose/causation framework in Georgia)
- Wills v. Amerada Hess Corp., 379 F.3d 32 (2d Cir. 2004) (toxic tort exposure and admissibility standards)
- Fulmore v. CSX Transp., Inc., 252 Ga.App. 884, 557 S.E.2d 64 (Ga. Ct. App. 2001) (FELA asbestos exposure case; dosage proof necessity)