STORY FROM: Occupational Exposure Litigation

Ill. Court Denies Summary Judgment in Suit Linking RADS to Paint Fumes

CHICAGO - An Illinois federal judge has denied a paint manufacturer's motion for summary judgment after ruling that plaintiff's medical experts can offer testimony linking his pulmonary illness to accidental exposure to paint fumes. Noffsinger v. The Valspar Corp., et al., No. 09-C 916 (N.D. Ill.).

Judge Robert W. Gettleman ruled March 15 that challenges to the methodologies used by plaintiff's causation experts go to the weight to be given their testimony, not to their admissibility, and can be raised on cross examination.

Plaintiff Steven Noffsinger, a commercial truck driver, contends that his Reactive Airways Dysfunction Syndrome was caused ...

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