Robert v. W.R. Grace & Co.

COPE, Judge.

Alvaro Robert and Mary Robert petition for a writ of certiorari. We grant the petition.

Plaintiff Alvaro Robert brought suit against defendants W.R. Grace & Company, Owens-Corning Fiberglas Corp., and Crown Cork & Seal Company, alleging that his lung cancer was caused by exposure to asbestos.1 Plaintiffs cancer is terminal and his life expectancy is relatively short. There is a genuine possibility that he may not survive to the trial date of October, 1994, or that if he does survive, he will be physically unable to testify.

The instant lawsuit was filed in April, 1994. In…