James Ross, who is a Seattle, Washington resident, was diagnosed with a cancer caused by asbestos approximately two years ago and filed a lawsuit against a number of companies that he felt were responsible for his asbestos-related illness last year. It was after filing the lawsuit that Ross became aware that if he was to pass away during the suit that he would have to undergo an autopsy.

Ross has been fighting to reverse the requirement due to the fact that he has already been diagnosed with the asbestos-related cancer.

James Ross requested that King County Superior Court Judge Paris Kallas issue an order of protection for his wife in order to spare her the additional emotional stress that an autopsy would bring on during a time when she would be dealing with the emotional stress of planning his funeral.

This past Thursday Judge Paris Kallas overturned the requirement for an autopsy in Ross’s case particularly but did not overturn the county’s policy regarding autopsies for mesothelioma victims involved in a trial in general.

The decision made by Judge Kallas does not mean that the attorney’s for the companies named in the suit can’t specifically ask for an autopsy at a later date but only that Ross will not be automatically subjected to an autopsy should he die during his trial against the companies involved. James Ross’s trial is scheduled to begin in March of 2009.

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