 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Austin v. Kerr-McGee Refining Corp.6/29/2000
posure, or a full explanation of the reason for Teitelbaum's decision to exclude radiation as a cause. Teitelbaum stated that he received Austin's badge but did not have data from which to model a radiation dose, suggesting at best that the dose of radiation was insignificant.
We conclude that the Austins' scientific evidence does not adequately exclude exposure to radiation as a cause of CML. The Austins concede that exposure to radiation is a recognized cause of leukemia generally. Yet, their evidence only assumes that Austin, who admittedly worked in an atmosphere that exposed him to radiation, did not receive sufficient exposure to cause him to develop leukemia. These assumptions, in turn, are based on "estimates" made by the Austins' experts. These estimates, however, are not based on scientifically reliable data. As noted in Mitchell, 165 F.3d 778, absent supporting scientific data, estimates and assumptions are "little more than guesswork. Guesses, even if educated, are insufficient to prove the level of exposure in a toxic tort case." Id. at 781.
After thorough and careful review of the Austins' contentions, as well as the record testimony and exhibits they cite, we conclude that the Austins have failed to demonstrate the reliability of their scientific evidence as to either general or specific causation. They also have failed to exclude other plausible causes with reasonable certainty. We conclude that the trial court acted within its discretion in excluding the Austins' causation evidence on the basis that it failed to satisfy the requirements of Robinson and Havner. Accordingly, we affirm the judgment.
Date Submitted: May 16, 2000
Publish
Page 1 2 3 4 5 6 7 8 9 10 11 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|