News Brief

Vellturo and Brown Obtain Summary Judgment for Property Owner in Toxic Tort Matter

March 24, 2023

Colleen Vellturo (Of Counsel-Stamford) and Stephen P. Brown (Partner-Stamford) obtained summary judgment in the Connecticut Superior Court, Judicial District of Waterbury, for Wilson Elser’s client, a property owner. The plaintiff is a former tenant of our client who claims to suffer from lifelong debilitating injuries after exposure to toxic black mold in his apartment rental. The plaintiff brought a single claim of recklessness against the client and made a settlement demand of $20,000,000. Colleen and Steve successfully argued that the plaintiff couldn’t establish a genuine issue of material fact as to whether our client’s actions after learning of the mold met the heightened burden necessary to establish reckless conduct. The Court further agreed that the plaintiff’s expert could not and did not opine as to the requisite causal connection between the plaintiff’s alleged exposure to mold and the injuries claimed, concurring with Wilson Elser’s citing of controlling case law requiring an expert to opine regarding the specific mold to which a party was exposed and not just a general description of the mold made by the plaintiff.

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