Kirk v. Raymark Industries, Inc.
United States Court of Appeals for the Third Circuit
61 F.3d 147 (3d Cir. 1995)
Kirk (plaintiff) sued Owens-Corning (defendant) for asbestos-related injuries, and Owens-Corning presented expert testimony from Dr. Harry Demopoulos attributing the overwhelming majority of asbestos-related mesotheliomas to crocidolite fiber; Kirk then introduced, over objection, prior testimony from Dr. Louis Burgher, an expert Owens-Corning had called in unrelated litigation, where Burgher testified that tremolite-contaminated chrysotile fibers could also cause mesothelioma. The district court admitted Burgher's prior testimony and ruled for Kirk, prompting Owens-Corning's appeal.
Whether the testimony of an expert witness called to testify on behalf of a party in one case may later be used against that same party in unrelated litigation if the expert witness was not authorized to speak on behalf of that party.