Summary Judgment Granted in Favor of Aerosol Paint Manufacturer.
The plaintiff alleged that he contracted leukemia as a result of his exposure to certain allegedly carcinogenic chemicals in aerosol paint that he used while performing heavy equipment maintenance work at a home improvement retailer’s distribution center. Our client formulated and manufactured the aerosol paint. The plaintiff and his wife sued our client and two re-sellers of the paint, alleging that the defendants were strictly liable and negligent for putting a harmful product into the stream of commerce and failing to warn of the hazards associated with the product.
After extensive fact and expert discovery, the defendants moved to exclude the plaintiffs’ causation experts and for summary judgment on all claims asserted by the plaintiff. The Federal District Court in the Northern District of Georgia granted both motions and found that our client successfully demonstrated that there was insufficient evidence that any chemical in the aerosol paint was carcinogenic or otherwise caused the plaintiff’s leukemia. Bill Buhay of WWHGD represented the successful aerosol paint manufacturer.
