Kansas Courts Reject Testimony on Multiple-Chemical Sensitivity

TOPEKA, Kan. - The Kansas Court of Appeals has affirmed a decision barring expert testimony on a plaintiff's claim of multiple-chemical sensitivity, saying the diagnosis is not generally recognized and therefore cannot pass the test for admissibility. Kuxhausen v. Tillman Partners, L.P., No. 98,442 (Kan. Ct. App.).

The appellate judges said in their Dec. 12 ruling that without such evidence, plaintiff-appellant Stacy Lee Kuxhausen did not have a viable claim for negligence and summary judgment was properly granted to her former employer's landlord, Tillman Partners, L.P.

Kuxhausen, who worked for an accounting form in Manhattan, Kan., claimed in her lawsuit …