Legal Opinion

Sean R. v. BMW of North America, LLC

New York Court of Appeals

Decided February 11, 2016No. 3PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

Plaintiff Sean R. was born with severe mental and physical disabilities, which he attributes to in útero exposure to unleaded gasoline vapor caused by a defective fuel hose in his mother’s BMW. The question on this appeal is whether the courts below properly precluded two of plaintiff’s expert wit nesses from testifying at trial as to causation. Because the experts did not rely on generally accepted principles and methodologies in concluding that plaintiff was exposed to a sufficient concentration of gasoline vapor to cause his injuries, we affirm.

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In May 1989,…

2Cases cited8 opinions

  1. People v. WesleyNew York Court of Appeals · 1994
  2. Parker v. Mobil Oil Corp.New York Court of Appeals · 2006
  3. Wright v. Willamette Industries, Inc.Court of Appeals for the Eighth Circuit · 1996
  4. Cornell v. 360 West 51st Street Realty, LLCNew York Court of Appeals · 2014
  5. Magistrini v. One Hour Martinizing Dry CleaningDistrict Court, D. New Jersey · 2002

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3Cited by24 opinions

  1. Matter of New York City Asbestos Litig.Appellate Division of the Supreme Court of the State of New York · 2017
  2. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2021
  3. Matter of New York City Asbestos Litig.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Eighth Jud. Dist. Asbestos Litig.Appellate Division of the Supreme Court of the State of New York · 2020
  5. Matter of New York City Asbestos Litig. v. Air & Liquid Sys. Corp.Appellate Division of the Supreme Court of the State of New York · 2020

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