High Court Affirms Order Precluding Experts for Failure to Quantify Exposure

ALBANY, N.Y. -- The New York Court of Appeals has affirmed an intermediate appellate court decision precluding testimony of two plaintiff's experts, agreeing with the court's assessment that the experts failed to properly quantify the alleged benzene exposure. Parker v. Mobil Oil Corp., et al., No. 107 (N.Y. Ct. App.).

In the Oct. 17 opinion, New York's highest court opined that while it did not agree that it was always necessary to quantify precise exposure levels, the plaintiff experts in the instant proceedings failed to state a causal connection between benzene in gasoline and the development of acute myelogenous leukemia …