Deborah Harris filed suit against CSX Transportation, Inc. asserting that
her deceased husband's work on the railroad, and particularly his
exposure to diesel exhaust, caused his development of multiple myeloma
and ultimate death. CSX moved to exclude Mrs. Harris' expert witnesses,
asserting that they did not follow a proper methodology and "good
science" in concluding that her husband's multiple myeloma was
caused by his diesel exhaust exposure. The trial court granted CSX's
motion concluding that the plaintiff's experts' opinions were
not reliable under the applicable case law, excluded Mrs. Harris'
experts, and dismissed the case. Hartley Law Group appealed the trial
court rulings to the West Virginia Supreme Court of Appeals.
The West Virginia Supreme Court just handed down its opinion in
Harris v. CSX on November 13, 2103, in which the Court held that the circuit court committed
error in excluding the scientific testimony of Plaintiff/Petitioner's
three expert witnesses. The Court's analysis is important in that
it specifically defines the standards that circuit court judges must apply
when conducting
Daubert hearings, and the limited purpose for such hearings. Importantly, the
Court was clear that once an expert's methodology is considered reliable,
the matter may properly go to a jury. The Court noted that CSX's experts
used the same methodologies as those used by the petitioner's experts,
and emphasized that choosing between competing conclusions "is a
matter for jury determination." The Court rejected a handful of cases
from other jurisdictions that "excluded expert testimony on the issue
of whether multiple myeloma is caused by diesel exhaust," finding
that line of cases "inconsistent with the standards of admissibility
of scientific expert testimony that are followed in this jurisdiction."
At Hartley Law Group, we understand that complex legal issues sometimes
involve long, difficult fights. We're willing to see your case through,
as long as it takes, even when that means taking it all the way to the
Supreme Court.
Harris v. CSX Transportation, Inc., No. 12-1135, (W.Va. November 13, 2013)
(slip op.).