Court Finds No Evidence of Notice or Specific Toxins in N.Y. Construction Surveyor’s Suit Against City

NEW YORK — A contract worker who alleged that his leg infection came from exposure to unknown toxins while surveying the basement of a municipal wastewater treatment plant failed to offer evidence of either a specific toxin or notice of defect to overcome summary judgment, a New York trial court judge has ruled.

New York Supreme Court Justice Kevin J. Kerrigan said in an order signed May 20 that plaintiff Jack Sellars’ allegations and the opinions of his physicians as to the cause of his cellulitis were “wholly speculative” and unsupported by objective evidence.

Sellars complained that he developed an …