Complex Litigation

Diane Miller, Christine Emery and Dejan Kezunovic Win Summary Judgment in Upstate New York Asbestos Case

04/26/2016

The Saratoga County Supreme Court granted summary judgment in an asbestos case dismissing all claims and cross-claims against our client, a national and international distributor of laboratory supplies.  The plaintiff, a 67-year old former chemist, alleged that she developed mesothelioma as a result of her exposure to asbestos-containing laboratory products during the 1970s.  Following the deposition of eight witnesses, including plaintiff’s former co-workers, we moved for summary judgment on the grounds that plaintiff failed to identify the source of the offending products.  Plaintiff opposed the motion, arguing that the presence of the client’s catalogs in plaintiff’s lab was sufficient evidence to establish exposure to the client’s products.  The court dismissed plaintiff’s exposure theory as overly speculative and granted our motion.