Court Strikes Plaintiff's Affidavit Alleging Presence of Liquid Toluene

NEWARK, N.J. - A federal judge has stricken a post-discovery affidavit in which a plaintiff delivery driver alleges he saw free liquid toluene in storage drums he transported, saying the plaintiff gave no excuse for the belated evidence and that allowing such testimony would disrupt the trial. Steele, et ux. v. Aramark Corp., et al., No. 09-4340 (D. N.J.).

Addressing a number of evidentiary and dispositive motions in his March 29 order, Chief Judge Jerome B. Simandle also granted summary judgment sought by the delivery firm that employed plaintiff Brian Steele and requested briefing on a co-defendant's indemnification claim.

Steele …