Coastal Tankships, U.S.A., Inc. v. Anderson

I join parts I through IV(D) of Justice Jennings’s opinion for the en banc Court. However, I disagree with part IV(E) of that opinion and thus with the conclusion and judgment. Accordingly, I respectfully dissent.

Sufficiency of Evidence Other Than Dr. Miller’s Causation Opinion

I agree with the majority that Anderson had to prove causation by expert testimony. Unlike the majority, however, I would hold that Dr. Brown’s written diagnosis and testimony by Coastal’s Dr. Wilson, along with the naphtha material safety data sheet (“MSDS”), supplied the general causation link that Dr. Miller’s…