Carbon Monoxide and Memory Loss

“Expert”  Witnesses Successfully Challenged

The plaintiff, an attorney, alleged personal injuries and memory loss arising from exposure to carbon monoxide and other chemicals in leased office space. He consulted two experts in the field to support his claim. We argued that the expert witnesses had performed no objective testing at the property to confirm the presence of carbon monoxide or other chemicals, and therefore had no basis to conclude that carbon monoxide was present or that the plaintiff was exposed to it. We also pointed out that the proposed testimony that the plaintiff’s alleged memory problems were caused by exposure to carbon monoxide was conjecture. There was no medical evidence confirming that the plaintiff was exposed to carbon monoxide or that the plaintiff suffered any memory problems due to exposure to carbon monoxide. The court precluded both experts from testifying.

In an effort to portray himself sympathetically, the plaintiff testified that he was sanctioned by a judge for being unable to remember relevant facts during a hearing in bankruptcy court. We challenged the plaintiff’s statement with documents obtained from the bankruptcy court that indicated the sanction was imposed due to the plaintiff’s violation of bankruptcy rules rather than a lapse in memory. The defendant was granted a directed verdict at the close of plaintiff’s evidence.

In The News: Catastrophic Injury & Death

“Massachusetts State Police “Critical Speed Formula” Excluded in Daubert Hearing”
Commonwealth vs. Cruz (Norfolk Superior Court Criminal Action No.: 10-0508)

Other Cases / Wins: Catastrophic Injury & Death