Barabin Was Exposed to Products Containing Asbestos at Work That

question 245

Multiple Choice

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.

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Definitions:

Rational Response

A thought or action that is based on reason and logic, often as a counter to emotional or irrational reactions.

Psychodynamic Therapy

A therapeutic approach that emphasizes unconscious processes and past experiences in shaping current behavior and emotional states.

Virtual Reality

A simulated experience created with computer technology that can replicate or create an environment, immersing the user in a digital world.

Exposure Therapy

A psychological treatment that helps individuals confront their fears by gradual and repeated exposure to the feared object, situation, or activity in a controlled way.