STORY FROM: Benzene & Emerging Toxic Torts Litigation

New Mexico Supreme Court Reverses Award of Summary Judgment, Allows Testimony of Dahlgren

SANTA FE, N.M. –– The New Mexico Supreme Court has reversed an award of summary judgment to defendants named in a toxic tort exposure suit, ruling that studies cited by James Dahlgren, M.D., should have been admitted.

In the March 3 ruling, the high court further rejected the New Mexico Fifth Judicial District Court for Chaves County and the New Mexico Court of Appeals’ holdings that the expert’s testimony had failed to bridge the analytical gap between association and causation.

“Historically, this Court has placed great value on allowing a jury to hear evidence and decide a case on the ...

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