Dale B. McMath Obtains Summary Judgment in Mesothelioma Case


On September 11, 2017, Dale B. McMath was successful in obtaining a summary judgment in a mesothelioma case for one of the firm’s clients. The firm client was a fabricator of gaskets for another Defendant. The Plaintiff’s theory of liability included claims of negligence, gross negligence and strict products liability. While the firm’s client had undisputedly fabricated gaskets for a co-Defendant, Plaintiff had failed to produce specific evidence that the gaskets supplied by the firm client were in fact gaskets the Plaintiff would have removed from the co-Defendant’s equipment on which he worked. Plaintiff had expert deposition testimony from Dr. Edwin Holstein linking the firm client to the fabrication of gaskets and Dr. Holstein attempted to assert a dose calculation attributable to the client. Dr. Holstein initially attributed all of the exposure from removing gaskets from the co-Defendant’s product to the firm client. However, Dr. Holstein had not been provided all the relevant information and history regarding the firm client and upon cross-examination by Mr. McMath, when presented with the firm client’s history and facts not previously made available to him, Dr. Holstein had to change his testimony substantially and then basically offered a guess as to the new dose-calculation against the firm client. This change of position all but rendered Dr. Holstein’s opinion meaningless. At the summary judgment oral hearing, Mr. McMath was able to successfully argue that there was no evidence that Plaintiff had worked on equipment that contained the firm client’s gaskets or that the Plaintiff was injuriously exposed to the firm client’s gaskets. Further, Dr. Holstein’s expert testimony was insufficient under Texas law to support his dose calculation and ultimate liability analysis against the firm client. Plaintiff’s counsel strongly contested the motion, but Texas Asbestos MDL Judge Mark Davidson agreed with the firm client’s position and Mr. McMath’s arguments and granted the summary judgment. Details and facts really do matter in the defense of a case. Congratulations to Dale B. McMath on this positive outcome.