Appellate Victory on Toxic Mold
gartner + bloom PC congratulates Partner Arthur P. Xanthos on scoring an impressive appellate victory by convincing an appellate court to reverse a Brooklyn trial judge on a complex toxic tort causation issue.
At the trial level, Arthur P. Xanthos requested and conducted a “Frye” hearing to disqualify the plaintiff’s medical expert from testifying that toxic mold exposure caused the plaintiff’s massive neurological, dermatologic, and internal injuries. The expert had intended to give a medical opinion at trial that the plaintiff suffered a cascade of physical injuries after exposure to toxic mold over a decade ago in our client’s building.
Despite a strong presentation at the hearing, the Brooklyn trial judge refused to disqualify the plaintiff’s expert, reasoning that a treating doctor should be able to say just about anything at trial. So Arthur appealed to the Appellate Division.
Yesterday the Appellate Division ruled, unanimously reversing the Kings County trial judge. In its ruling, the appellate court highlighted the very high standard a toxic tort plaintiff must attain to warrant a trial for bodily injury damages, and reasoned that Arthur’s evidence, witnesses, and arguments at the trial level sufficiently proved that plaintiff’s medical expert’s opinion on causation was not generally accepted in the medical community. Access a copy of the decision by clicking here https://lnkd.in/eBk3w8qg
Arthur’s successful result for the client is one of hundreds he and the firm have obtained in the defense of toxic tort lawsuits over the last 30 years, earning us our stellar reputation in the defense of such claims. Grand kudos🎩to you, Art on delivering a spectacular outcome!
Appreciate Celebration for Administrative Professionals
Earlier this week, we hosted an appreciation celebration for our administrative professional team members. Who could resist joining in for food, folks and fun? Special thank you to each of you for bringing your A game to our firm, each and every day💜
Welcome, Jessica James
gartner + bloom PC is pleased to welcome legal specialist, Jessica James to our Florida Coverage team today. So excited to count you on our team, Jessie! Huge Congrats and welcome aboard😎
Welcome, Elizabeth Tanner
Welcome Litigation Associate Natalie Drainville
gartner + bloom PC is pleased to welcome Litigation Associate, Natalie Drainville to our NYC Labor Law team today. Excited to count you on the team, Natalie! Welcome aboard💜🛥️💜
Appellate Victory on Toxic Mold
gartner + bloom, P.C. congratulates Partner Arthur P. Xanthos on scoring an impressive appellate victory by convincing an appellate court to reverse a Brooklyn trial judge on a complex toxic tort causation issue.
At the trial level, Arthur P. Xanthos requested and conducted a “Frye” hearing to disqualify the plaintiff’s medical expert from testifying that toxic mold exposure caused the plaintiff’s massive neurological, dermatologic, and internal injuries. The expert had intended to give a medical opinion at trial that the plaintiff suffered a cascade of physical injuries after exposure to toxic mold over a decade ago in our client’s building.
Despite a strong presentation at the hearing, the Brooklyn trial judge refused to disqualify the plaintiff’s expert, reasoning that a treating doctor should be able to say just about anything at trial. So Arthur appealed to the Appellate Division.
Yesterday the Appellate Division ruled, unanimously reversing the Kings County trial judge. In its ruling, the appellate court highlighted the very high standard a toxic tort plaintiff must attain to warrant a trial for bodily injury damages, and reasoned that Arthur’s evidence, witnesses, and arguments at the trial level sufficiently proved that plaintiff’s medical expert’s opinion on causation was not generally accepted in the medical community. Access a copy of the decision by clicking here.
Arthur’s successful result for the client is one of hundreds he and the firm have obtained in the defense of toxic tort lawsuits over the last 30 years, earning us our stellar reputation in the defense of such claims. Grand kudos🎩to you, Art on delivering a spectacular outcome!