HOUSTON – An appellate court recently shot down an argument that virtual trials prevent parties from exercising their constitutional rights to effectively defend themselves, permitting a virtual asbestos trial against J-M Manufacturing to go forward.
Representing the estate of Tracy Thompson, Andrea Thompson filed suit against J-M Manufacturing, along with several other companies, on Feb. 15, 2018.
According to the original petition, Tracy Thompson was diagnosed with mesothelioma on March 8, 2016. He died six months later.
The plaintiffs contend Tracy Thompson was exposed to asbestos fibers emanating from the clothing of his father, a pipefitter and welder. Tracy Thompson was also allegedly exposed when he served in the Navy and when performing work as a construction worker.
Court records show that on June 9 the trial court denied J-M Manufacturing’s objections to a virtual trial, prompting the company to file a writ of mandamus.
The writ argued that the ruling deprived J-M Manufacturing of its ability to effectively select a jury panel, present evidence, and confront and cross-examine witnesses in person before a live jury that can fully participate in the jury process in a courtroom – “not virtually on a small laptop or iPad while at home in front of a television or in bed with external distractions.”
The First Court of Appeals denied the writ on June 11. As of June 17, court records show the case as in trial.