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Bergman & Frockt

Bergman & Frockt: Dying Man Fights Forced Autopsy

Published in Drug Law Weekly, November 18th, 2008

A Seattle man expected to die from a rare form of cancer is fighting a requirement that he must undergo an autopsy after his death, a requirement the court mandates before his estate can sue the company that allegedly poisoned him through exposure to asbestos.

James Ross, 71, objects to the procedure on moral grounds, and has filed a motion with the King County court asking that the requirement be waived, acknowledging the step will make his case against Kaiser Gypsum and T.H. Agriculture & Nutrition more difficult to prove. The defendants in the case are fighting the motion, claiming that if he does not agree to an autopsy his case should be dismissed.

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