Kansas High Court Rejects Expert Opinion Based on Symptoms Following Exposure

TOPEKA, Kan. - A medical expert's causation opinion must be based on something beyond the timing of symptoms and alleged exposure, the Kansas Supreme Court said in affirming lower court decisions rejecting an employee's claims of illness from workplace exposure to paint fumes. Kuxhausen v. Tillman Partners L.P., No. 98,442 (Kan. Sup. Ct.).

The high court on Oct. 15 affirmed summary judgment for Tillman Partners L.P. on multiple-chemical sensitivity claims by Stacy Lee Kuxhausen, finding no abuse of discretion in the trial court's rulings.

Kuxhausen sued Tillman in Riley (Kan.) District Court, alleging that she was exposed to epoxy-based paint …