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Archive for April, 2009

Toxic Tort Dismissal and Nominal Settlement

Thursday, April 30th, 2009

The Bronstein case is a products liability action based upon the alleged toxic injuries sustained by decedent Ely Bronstein and plaintiff Roger Lewis, as a result of alleged exposure to toxins while employed by National Steel and Ship Building (NASSCO).  Mr. Bronstein was employed by NASSCO as a pipe fitter/welder for 36 years.  Plaintiffs allege that Mr. Bronstein’s Acute Mylegenous Leukemia, which lead to his death in November 2003, was related to exposure to toxins.  Mr. Lewis was employed by NASSCO as a welder for 29 years.  In 1986, Mr. Lewis was diagnosed with Non-Hodgkins Lymphoma.  On February 2, 2005, plaintiffs commenced an action against over 50 defendants alleging causes of action for negligence, negligence per se, strict liability-warning defect, strict liability- design defect, and breach of implied warranties. 

After over four years of litigation, Hurrell Cantrall LLP was successful in obtaining outright dismissals on behalf of two of its clients, and a nominal settlement of $1,000 on behalf of another client.  Hurrell Cantrall LLP advanced the argument that plaintiffs could not maintain their burden of proving that decedent Ely Bronstein and plaintiff Roger Lewis were exposed to the alleged products, or that their exposure was the cause of their injuries. 

Posted in Case Dismissal, Toxic Tort |


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