· 6/15/2011
Butler v. Union Carbide Corp.
Citations
- 712 S.E.2d 537
- 310 Ga. App. 21
- 2011 Fulton County D. Rep. 1833
- 2011 Ga. App. LEXIS 495
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “[a] defendant may obtain summary judgment by showing that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case”
- noting that “[a] defendant may obtain summary judgment by showing that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case”
- reviewing trial court’s exclusion of expert testimony for abuse of discretion before reviewing whether summary judgment was proper under de novo standard of review
- awarding summary judgment for the defendant because the plaintiff did not provide reliable expert testimony that his exposure to defendant’s product contributed to the development of his mesothelioma
- “Dr. Maddox’s 'any exposure' theory is, at most, scientifically-grounded speculation: an untested and potentially untestable hypothesis.”
- “Causation is an essential element of a toxic tort case, and proof of causation in such cases generally requires reliable expert testimony.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mikell, Smith, Dillard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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