(a)Evidence relating to the prima facie showings required under this part shall not create any presumption that the exposed person has an asbestos-related injury or impairment and shall not be conclusive as to the liability of any defendant.
Terms Used In Tennessee Code 29-34-706
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Exposed person: means a person whose exposure to asbestos or to asbestos-containing products is the basis for an asbestos action. See Tennessee Code 29-34-702
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) No evidence shall be offered at trial regarding, and the jury shall not be informed of:
(1) The grant or denial of a motion to dismiss an asbestos action under this part; or(2) The provisions of this part with respect to what constitutes a prima facie showing of asbestos-related impairment.(c) Until a court enters an order determining that the exposed person has established prima facie evidence of impairment, no asbestos action shall be subject to discovery, except discovery related to establishing or challenging the prima facie evidence or by order of the trial court upon motion of one (1) of the parties and for good cause shown.(d)(1) A court may consolidate for trial any number and type of asbestos actions with the consent of all the parties. In the absence of such consent, the court may consolidate for trial only asbestos actions relating to the exposed person and members of that person’s household.(2) No class action or any other form of mass aggregation relating to more than one (1) exposed person and members of that person’s household shall be permitted.(3) This subsection (d) does not preclude consolidation of cases by court order for pretrial or discovery purposes.
