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New York Attorney Obtains Summary Judgment in Toxic Exposure Matter

Litchfield Cavo partner was granted summary judgment on behalf of their client in a decision by Judge George J. Silver in New York Supreme Court, New York County wherein plaintiff was alleging injuries, specifically Multiple Chemical Sensitivity (“MCS”) secondary to exposure to an adhesive used to apply wood floors.

The Court held that the plaintiff failed to establish a causal relationship between the claimed illness and alleged exposure. Plaintiff’s expert could not quantify the level of toxins to which plaintiff was exposed, considered “dose-response relationship”. The Court further rejected Plaintiff’s claims that related to his diagnosis of toxicant induced loss of tolerance (TILT) as a result of their exposure to volatile organic compounds (VOCs) contained in the adhesive product as no scientific relationship was established between the toxin and the disease.

Andrew’s practice includes the ever-evolving asbestos litigation throughout New York, New England and across the nation. He has extensive experience handling toxic tort cases, including exposure claims to benzene, carbon monoxide, pressure-treated wood (CCA), formaldehyde, “sick building” and multiple chemical sensitivity cases.