Georgia Supreme Court to Address “Every Exposure” Theory of Causation in Asbestos Cases
On September 8, 2015, the Georgia Supreme Court granted a petition for certiorari filed by HPTY attorneys Rob Gilbreath and Lane Young seeking review of the Court of Appeals’ decision in Scapa Dryer Fabrics, Inc. v. Roy and Milva Knight. The court of appeals affirmed a trial court judgment for the Knights, rejecting Scapa’s challenge to their expert’s reliance on the so-called “every exposure” theory of specific causation. Under that theory, a plaintiff’s causation expert makes no effort to quantify the plaintiff’s exposure to asbestos fibers from a defendant’s product or at a defendant’s premises, but instead testifies that every exposure is causative of the plaintiff’s disease. Courts around the nation have rejected this every-exposure theory as junk science. Scapa will be arguing that the Georgia Supreme Court should join those courts rejecting the theory.