Asbestos Alert! Analsys of Casey v. Perini Corporation


Analysis of asbestos personal injury case. Plaintiff worked alongside Perini employees on a building construction site and later sued for asbestos-related injuries. Perini moved for summary judgment, claiming plaintiff could not show Perini caused him to be exposed to asbestos. Plaintiff opposed with a declaration from expert industrial hygienist Kenneth Cohen that, based on (a) OSHA regulations presuming all surfacing materials present in buildings before 1980 contianed asbestos, and (b) local records of an asbestos abatement done at the building site many years later, that Perini probably caused plaintiff to be exposed to asbestos. The court threw out Cohen's declaration on the grounds that it was speculative, and granted summary jdugment.

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