North Dakota Code 32-46.2-06 – Evidence of physical impairment – Procedures – Limitation
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.
Terms Used In North Dakota Code 32-46.2-06
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Individual: means a human being. See North Dakota Code 1-01-49
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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.