§ 32-46.2-06 — Evidence of physical impairment - Procedures - Limitation

North Dakota § 32-46.2-06

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-46.2: Asbestos Civil Actions

Text

1. Evidence relating to the prima facie showings required under this chapter does not
create a presumption the exposed individual has an asbestos-related impairment and
is not conclusive as to the liability of any defendant.
2. Evidence may not be offered at trial and the jury may not be informed of:
a. The grant or denial of a motion to dismiss an asbestos action under this chapter;
or
b. The provisions of this chapter with respect to what constitutes a prima facie
showing of asbestos impairment.
3. Evidence relating to physical impairment offered in an asbestos action governed by
this chapter:
a. Must comply with the quality controls, equipment requirements, methods of
calibration, and techniques set forth in the AMA guides and all standards set forth
in the official statements of the American thoracic society; and
b. May not be obtained under the condition the plaintiff or exposed individual retains
the legal services of an attorney or law firm.
4. In the absence of consent from all parties, a court may consolidate for trial only
asbestos actions relating to the exposed individual and members of that individual's
household.
5. A product liability defendant in an asbestos action may not be liable for exposures from
a later-added asbestos-containing product made or sold by a third party.