SGR Obtains Dismissal of Chemical Exposure Claim Against Product Distributor

SGR environmental attorneys Steve O’Day and Chris Bowers recently achieved victory for a client in a toxic tort lawsuit. Plaintiff had claimed that his alleged exposure to vapors from a concrete sealant at our client’s facility caused him permanent illness, including reactive airways dysfunction syndrome (RADS). Plaintiff offered the testimony of a pulmonologist that plaintiff’s RADS and other injuries were caused as a result of the driver’s alleged exposure. SGR moved to exclude the testimony of the pulmonologist as scientifically unreliable under the prevailing standard for admissibility of expert testimony, and also moved for summary judgment because plaintiff was unable to present any credible evidence that his illnesses were caused by his alleged toxic exposure. In a 28-page opinion, the Federal district court granted SGR’s motion to exclude the expert’s testimony and, absent valid and admissible expert testimony as to causation, also granted SGR’s motion for summary judgment, and dismissed the plaintiff’s claims against SGR’s client

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