Trial court did not abuse its discretion in permitting doctor to offer opinion that fibrous talc causes mesothelioma because the materials that plaintiff presented in support provided reasonable basis for the opinion at issue.
Court
California Courts of Appeal 1DCA/4Cite as
2023 DJDAR 623Published
Jan. 25, 2023Filing Date
Jan. 23, 2023Opinion Type
ModificationDisposition Type
AffirmedCase Fully Briefed
Jun. 9, 2022Oral Argument
Oct. 4, 2022SUSAN JEAN BADER, as Representative, etc.,
Plaintiff and Respondent,
v.
JOHNSON & JOHNSON et al.,
Defendants and Appellants.
No. A158868
(Alameda County
Super. Ct. No. RG18923615)
California Court of Appeal
First Appellate District
Division Four
Filed January 23, 2023
ORDER MODIFYING OPINION AND DENYING REHEARING; NO CHANGE IN JUDGMENT
THE COURT:
It is ordered that the opinion filed herein on December 23, 2022, be modified as follows:
1. The last sentence on page 38 shall add the words "or motion to strike" after the word "objection." The sentence should read as follows:
"But this was only after Dr. Longo had testified without objection or motion to strike from Colgate that 'based on [his] testing, based on historical documents, based on the percentages that we find positive, it's more likely than not, when she used any of these products . . . .' "
There is no change in judgment.
The petitions for rehearing are denied.
Streeter, Acting P.J.
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