NY Judge Tosses Plaintiff’s Asbestos Causation Opinion

On April 13, 2015, in Juni v. A.O. Smith Water Products, et al, Judge Jaffe rejected the “any exposure” or “cumulative exposure” theory of causation and detailed the expert evidence required to establish causation in New York toxic tort cases.  The plaintiff claimed he developed mesothelioma as a result of exposure to asbestos from dust created while working on asbestos containing brakes.  In rejecting Plaintiff’s expert evidence, the court confirmed that in New York, expert opinions on causation must establish (1) a plaintiff’s exposure to a toxin, (2) that the toxin is capable of causing the plaintiff’s illness, and (3) that the plaintiff was exposed to sufficient levels of the toxin to cause the illness (specific causation).  Parker v. Mobil Oil Corp., 7 NY3d 434 (2006); Cornell v. 360 W. 51st St. Realty, LLC, 22 NY3d 762 (2014). [4/22/15]