Court Says Lack of Expert Testimony on Causation Warrants Summary Judgment

HOUSTON - A Texas federal court has awarded summary judgment to Allstate Texas Lloyds in a mold coverage case because plaintiffs failed to present expert testimony on causation. Cagle, et al. v. Allstate Texas Lloyds, No. 4:04-cv-2953 (S.D. Texas).

Judge Nancy F. Atlas of the U.S. District Court for the Southern District of Texas found in her Aug. 25 decision that because Ronnie and Nicole Cagle did not present expert evidence on the cause of window frame mold in their Missouri City, Texas, home, they failed to raise a genuine issue of material fact.

Judge Atlas asserted that there can …