Toxic Mold Litigation Landmark News

CALIFORNIA ATTORNEY GENERAL BILL LOCKYER WAS GRANTED PERMISSION BY THE CALIFORNIA SUPREME COURT TO JOIN THE FIGHT IN SUPPORT OF APPELLANTS IN THE LOCKHEED LITIGATION CASES RELIED ON BY JUDGE ETTINGER IN PREVENTING MS. DEE’S EXPERTS FROM TESTIFYING AS TO CAUSATION.

‘THE CALIFORNIA SUPREME COURT DECISION IS EXPECTED IN THE NEXT 90 DAYS.’

Los Angeles, CA – October 25, 2005, Dee vs. PCS. (Case No. LC057263) attorney for Ms. Dee, Scott B. Whitenack *Stubblefield states, “he was excited to learn today that the California Attorney General Bill Lockyer was joining the fight in support of Appellants  in  the Lockheed Cases, which is good news for Ms. Dee to get such  support of her position on appeal that the California Supreme Court should  affirm the long standing rule in California as set forth in Roberti, and they will not permit the Judges to use evidence code section 801 as a guise to get around the Kelley Rule and the holding of Roberti.” The Lockheed Litigation Cases (S132167) did not follow Roberti vs. Andy’s Termite & Pest Control, Inc. (March 2005) 113 CalApp. 4th 893, and the issue presented on review, which should be determined in 90 days and before Ms. Dee’s appeal is fully brief is: Does Evidence Code section 801, subdivision (b), permit a trial court to review the evidence an expert relied upon in reaching his or her conclusion in order to determine whether that evidence provides a reasonable basis for the expert’s opinion?

Mr. Whitenack further states, that during the final week of Ms. Dee’s Jury Trial, on April 13, 2005, the California Supreme Court granted the Petition For Review of the Lockheed Litigation cases, which judge Ettinger relied on in excluding Ms. Dee’s experts, and  reversing his prior order of February 16, 2005 “L.A. Judge Rules Neuropsychologist Qualified For Expert Testimony In $6M Landmark Toxic Mold Case.”

Mr. Whitenack affirms that “he received notification from the California Supreme Court today via e-mail that the application of the Attorney General of California for permission to file amicus curiae brief in support of appellants was granted today. This was good news, because just like the case of Roberti, there are a number of organizations that the public would be shocked to learn are supporting the defense and not them, to overturn the long standing rule in California, “to allow the jury and not the judge to determine the qualifications of experts and what weight to be given to the experts opinions, and thus preserving our Constitutional Right To A Trial By Jury!”

Mr. Whitenack asserts that “the organizations that support Lockheed in overturning this long standing rule and have or are filing amicus curiae briefs, include: The U.S. Chamber of Commerce; The California Medical Association, California Dental Association and California Hospital Association; Counsel for Californians Allied for Patient Protection and the Civil Justice Association of California; American Chemistry; Chevron Corp; Pacific; Gas & Electric Co. and many others!”

“It is Mr. Whitenack’s opinion that the California Supreme Court will affirm the long standing rule in California as set forth in Roberti, and they will not permit the Judges to use evidence code section 801 as a guise to get around the Kelley Rule and the holding of Roberti.”

Finally, Mr. Whitenack asserts, “WE LOOK FORWARD TO THE FINAL BATTLE ON RETRIAL!”

Author: Carolyn Willbanks