Barabin was exposed to products containing asbestos at work that he contended caused his lung cancer. The products were made by AstenJohnson, which he sued. At trial, AstenJohnson contended Barabin's expert witness was not qualified to testify and asked the judge to hold a hearing to determine credibility. The judge refused, saying that was for the jury to determine. The jury awarded Barabin $10.2 million. AstenJohnson appealed, contending the judge was responsible for determining the credibility of the expert witness. The court of appeals held that:
A) the trial judge has the discretion to review an expert's credentials or may leave it to the jury, so the judgment was affirmed.
B) the trial judge may not, without jury agreement, dismiss a witness for lacking credibility, so the judgment was affirmed.
C) the trial judge should have dismissed the suit because the injury occurred at work, so workers' compensation is the only remedy for Barabin.
D) the trial judge should have held a hearing at which he determined witness credibility because more than $75,000 was at stake, so the judgment was vacated.
E) none of the other choices are correct.

Question

Barabin was exposed to products containing asbestos at work that he contended caused his lung cancer. The products were made by AstenJohnson, which he sued. At trial, AstenJohnson contended Barabin's expert witness was not qualified to testify and asked the judge to hold a hearing to determine credibility. The judge refused, saying that was for the jury to determine. The jury awarded Barabin $10.2 million. AstenJohnson appealed, contending the judge was responsible for determining the credibility of the expert witness. The court of appeals held that:​
A) ​the trial judge has the discretion to review an expert's credentials or may leave it to the jury, so the judgment was affirmed.
B) ​the trial judge may not, without jury agreement, dismiss a witness for lacking credibility, so the judgment was affirmed.
C) ​the trial judge should have dismissed the suit because the injury occurred at work, so workers' compensation is the only remedy for Barabin.
D) ​the trial judge should have held a hearing at which he determined witness credibility because more than $75,000 was at stake, so the judgment was vacated.
E) ​none of the other choices are correct.

Quizplus · Accepted Answer

The correct answer is that none of the other choices accurately describe the court of appeals' decision. The court of appeals likely held that the trial judge erred by not conducting a Daubert hearing (or a similar procedure) to assess the qualifications and reliability of the expert witness's testimony, which is a responsibility of the trial judge to ensure the reliability and relevance of expert testimony before it is presented to the jury. This is based on the principle that judges act as gatekeepers for expert testimony.

Barabin Was Exposed to Products Containing Asbestos at Work That