Court Rejects Daubert Challenge to Testimony Based on Dissipated Gas Levels

GREENUP, Ky. -- A Kentucky trial court has dismissed an admissibility challenge to an expert testifying on behalf of a benzene plaintiff whose exposure was quantified using a co-worker's deposition and benzene levels from similar environments. Douglas, et al. v. Ashland Inc., et al., No. 01-CI-00392 (Ky. Cir. Ct., Greenup).

The Feb. 28 decision by the Kentucky Greenup Circuit Court said such calculations of benzene exposure are necessary when the plaintiff alleges exposure at a facility that has since shut down.

'The opinion is based on the best evidence that anybody can calculate considering that it is impossible to take …