Attorneys Robert M. Leff and Denis Farrell Win Motion Dismissing Plaintiff's Claim Alleging Brain Damage and Other Injuries Due to Exposure to Carbon Monoxide and Creosote
July 30, 2007
Traub Lieberman Straus & Shrewsberry LLP is pleased to announce that in a decision dated July 16, 2007, the New York State Supreme Court, Nassau County granted defendants’ motion for summary judgment. The Court dismissed the case on the basis that plaintiff could not meet her burden of proving medical causation by a scientifically reliable methodology.
In Weissberg v. DaSilva, et al., Index No.: 715/2005, the plaintiff was renting an apartment in a two-family dwelling when she alleged that she was exposed to carbon monoxide and creosote as a result of a chimney leak. Plaintiff claimed numerous injuries arising from the carbon monoxide and creosote exposure, including brain damage. The home had recently been renovated, and plaintiff commenced the action against the homeowners, various contractors involved in the renovation, and the municipality that issued the certificate of occupancy. Robert Leff and Denis Farrell from Traub Lieberman represented the homeowners.
Through discovery, plaintiff’s medical records and environmental tests were obtained. The medical records and environmental testing results did not support a finding of exposure or medical causation. As such, prior to incurring the expense of depositions and further discovery, Traub Lieberman filed a motion for summary judgment seeking dismissal based on plaintiff’s failure to meet her burden of proving medical causation by a scientifically reliable methodology. In sum, Traub Lieberman established through plaintiff’s own medical records and testing reports, which would not have changed based on further discovery, that there was no evidence to support medical causation of exposure to carbon monoxide or creosote. The other defendants joined in the motion.
The Court carefully considered precedent in this case, including Parker v. Mobil Oil, 716 A.D.3d 648 (2005) and Zaslowsky v. J.M. Dennis, et al., 26 A.D.3d 372 (2006), another toxic exposure case wherein Robert Leff and Denis Farrell obtained summary judgment. In its decision, the Court agreed with Traub Lieberman's argument, and held that plaintiff did not meet her burden of proving medical causation based upon a scientifically reliable methodology. As such, the Court granted summary judgment dismissing the complaint in its entirety as to all parties.
Traub Lieberman congratulates Mr. Leff and Mr. Farrell on their successful motion. For more information about Mr. Leff, a partner with TELS, please visit:
http://www.traublieberman.com/profiles/robertleff/
For more information about Mr. Farrell, an associate, please visit:
http://www.traublieberman.com/profiles/denisfarrell/
Entire Decision & Order
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