PMT Delivers a Win – Summary Judgment Win Affirmed in Complex Environmental and Toxic Tort Litigation

By Maria Mastriano and Jeffrey D. Schulman.

Maria T. Mastriano - PMT Attorney

Maria Mastriano
PMT Partner

PMT Summary Judgment Win Affirmed in Complex Environmental and Toxic Tort Litigation

Dowell v. EST Trish, LLC, et al., (Onondaga County, NY Index No.: 2014EF5170), presented a substantial financial exposure to PMT’s client and its insurer. Plaintiff’s injury claims included a dire need for a lung transplant because of mold exposure when at work in a medical center. Plaintiff acknowledged his prior respiratory illness but had a battery of experts to support his claims regarding causation, injuries, and proper future treatment. PMT represented a company that had performed an onsite mold and moisture assessment.

Plaintiff’s settlement demand exceeded seven figures.

PMT obtained a total victory summary judgment. By relying on the same documents that Plaintiff cited, PMT emphasized that there can be no negligence absent a duty to a specific plaintiff. In addition, notwithstanding Plaintiff’s expert submissions, PMT argued that causation could not be established and Plaintiff’s expert opinions fell short of evidentiary standards.  After PMT obtained summary judgment in the trial court, Plaintiff appealed. The Fourth Department affirmed the dismissal with prejudice of the action against PMT’s client. Given the stakes, Plaintiff moved for re-argument. The Fourth Department denied the motion. Subsequently, the Court of Appeals denied Plaintiff’s application for leave to appeal.

PMT achieved this victory based on written submissions and appellate oral advocacy without a trial. PMT Partner Maria Mastriano lead a team of PMT litigators with Executive Partner Jeff Schulman involved at all stages.

Winning tough cases is what PMT does.

Should you have any questions, please call our office at (914) 703-6300 or contact:

Jeffrey D. Schulman, Executive Partner

Marc H. Pillinger, Executive Partner

Jeffrey T. Miller, Executive Partner