Emotional-Distress Claims Allowed in Suit Against GE Over Toxic Building
February 5, 2009
A Hudson County, N.J., judge has turned back an attempt to dismiss a toxic-tort suit over a mercury-contaminated building, rejecting defense arguments that the plaintiff’s expert proofs of emotional distress were inadmissible net opinions.
In Schley v. General Electric Co., L-251-07, former owners and residents of 722 Grand St. in Hoboken, N.J., seek damages from GE, a previous owner. The plaintiffs claim physical injury and emotional distress allegedly caused by contamination so severe that authorities ordered them to evacuate the building.
GE moved for summary judgment, alleging the plaintiffs had insufficient expert proofs. But on Jan. 30, Superior Court Judge Barry Sarkisian allowed claims to go forward for most of the 19 plaintiffs, finding that expert reports supporting claims by 16 of them were not net opinions and were thus valid.
Read Article: Law.com
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