A court of appeal in California has stated that it is necessary to hold an expedited trial in an asbestos personal injury case, overturning a decision by a lower court which rejected an earlier trial date.
Gerald and Judith Boyd has asked for an expedited trial date under the Code of Civil Procedure which gives preference for trials for those over 70 years old who are in poor health and a delayed trial would prejudice them.
Gerald Boyd, aged 71, developed mesothelioma following exposure to asbestos and his physician said that in his professional opinion, Boyd is unlikely to survive past the end of March 2015. He is currently feeling well, with good energy and his weight is stable but the Judge ruled that just because he was not debilitated at the moment that did not mean his life expectancy was lengthened. He has a terminal diagnosis and he is in stage III of mesothelioma but there is no knowing when he will progress to stage IV, the final stage.
Even though three of the 15 defendants opposed the request, Justice Stuart R. Pollak said that the trial would be held before March.
If you have been diagnosed with any an asbestos related disease, you may be entitled to monetary compensation. To find out how we can help you recover for your asbestos related claim, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.
