Appellate Court Precludes Expert Testimony, Grants Summary Judgment

NEW YORK -- An appellate court has reversed a previous denial of summary judgment, finding that expert testimony offered by the plaintiff did not quantify the amount of alleged exposure to benzene, therefore rendering the testimony inadmissible. Parker v. Mobil Oil Corp., et al., No. 2005-02454 (N.Y. Sup. Ct., App. Div., 2nd Jud. Dept.).

In the March 28 opinion by the 2nd Judicial Department of the Appellate Division of the New York Supreme Court, the court stated that while the plaintiff's experts relied on admissible studies suggesting a link between the plaintiff's injury and benzene exposure, the experts failed to …