Expert Testimony Makes Causation An Issue for Jury, Court Finds

CHICAGO - Medical testimony linking plaintiffs' symptoms to workplace exposure to mold is sufficient to bring the issue of causation to a jury despite evidence that the workplace wasn't tested contemporaneously for mold or mycotoxins, an Illinois trial judge has ruled. Samuels v. Tishman Speyer Properties Inc., No. 06 L 9247 (Ill. Cir. Ct., Cook Cty.).

Cook County Circuit court Judge Kathy M. Flanagan on Aug. 8 denied motions for summary judgment by Tishman Speyer Properties, the building owner and defendant, citing causation testimony by plaintiffs' experts Eckhardt Johanning, M.D., and neuropsychologist Wayne Gordon, Ph.D.

Tishman sought summary judgment on …