BMS Attorneys Obtain Dismissal of Toxic Tort Claims Against Pest Control Company

In Beatty v. F&M Realty Co., et al., Nassau County Index No. 616921/2019, the plaintiff claimed personal injuries resulting from alleged exposure to common products applied by our client, a pest control company, at her workplace. At the conclusion of discovery, Black Marjieh & Sanford LLP Attorneys filed a motion for summary judgment seeking dismissal of all claims against our client on the grounds that the plaintiff failed to meet the applicable, stricter two-part toxic tort standard (rather than the ordinary negligence standard) that she was exposed to a toxin, that the toxin was capable of causing her alleged illnesses (general causation), and that she was exposed to sufficient levels of said toxin to cause her alleged illnesses (specific causation). The Court agreed, finding that the plaintiff’s claims did involve allegations of toxic exposure and that the plaintiff failed to satisfy the applicable two-part toxic tort standard, mandating dismissal of all claims against our client. This decision should be considered a far-reaching victory for our client and similar pest control companies as it establishes further precedent regarding the stricter toxic tort standard to defend against similar claims in the future.