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Litigation Support
Mold Asbestos Lead Toxic Chemicals Pesticides |
Chemical Litigation Support Experience1991 - Retained as an expert on behalf of General Steel & Wire in the Penny Newman et al., vs. J.B. Stringfellow, Jr., et al. General Steel & Wire was purported to be the 3rd largest disposer (by volume) at the Stringfellow landfill. Testimony involved transport of acid mists and an assessment of potential health impacts upon residents of a community near to the landfill. Case settled out of court. 1992 - Retained by the by the State of California in the Atchison, Topeka & Santa Fe Railway Company vs. State of California Department of Transportation litigation. Represented CalTrans as a expert in lead, petroleum hydrocarbons, and regulatory compliance. Case settled out of court. 1993 - Retained by Beech & Collins as expert in toxicology in Rossi/McCann vs. Angus Petroleum. Litigation involved potential toxic effects of emissions from an oil field production operation on residents of a nearby apartment building. Case settled out of court. 1993 - Retained by Hunt, Ortmann, Blasco, Palffy & Rossell as an expert concerning health impact of PCB exposure in M & O Properties vs. Cooke Media. Assisted in developing a successful remediation plan for a newspaper publishing facility in Van Nuys, California. Presented and negotiated the plan with EPA Region 9. EPA approved the plan within three days (September of 1993). Jury approved costs of EPA approved clean-up ($100,000) and ruled against the 4 million dollar claim of the plaintiffs. PCB clean-up was completed in the summer of 1994. 1994 - Retained by Bronson, Bronson & McKinnon to assist in Crossland vs. Woodward-Clyde Consultants. Litigation resulted from dispute concerning proposed clean-up costs for the Franciscan Ceramics Site. Case settled out of court. 1994 - Skalsky & Associates was retained by Palmieri, Tyler, Wiener, Wilhelm & Waldron as an expert in toxicology and environmental regulations in Yoder v. City of Anaheim. Litigation involved the building of a power peaking plant by the City of Anaheim. The City of Anaheim completed the planning and construction of the power plant without consideration of potential risks to nearby building occupants and without due process. Administrative judge ruled in favor of Yoder Development but ruled that environmental risks could not be compensated until measurable damages occur. 1995 - Skalsky & Associates was retained by Koletsky, Mancini & Feldman as an asbestos expert in Montgomery v. Cal-Pac Roofing. The litigation involved asbestos exposure and the fear of cancer as a result of that exposure. A summary judgement was obtained dismissing the fear of asbestosis portion of this case. 1995-98 - Skalsky & Associates was retained by Louis D'Amato, Brisbois & Bisgaard as part of a team in Kennington Ltd. v. ITT Corporation. The litigation involved the cost of clean-up for a manufacturing facility contaminated with PCBs and the remediation of contaminated soils and groundwater beneath the property. Skalsky & Associates was retained as a expert in toxicology, risk assessment and regulatory compliance. Skalsky & Associates collected wipe samples on various surfaces on the interior of the Kennington manufacturing facility and met with Kennington employees to inform them of exposure risk and to establish methods of exposure reduction. In late 1997, Skalsky & Associates completed a baseline risk assessment for the property which included three separate methods of evaluating worker exposure to PCBs in addition to the standard exposure scenarios required by EPA. Litigation settled favorably for Kennington in August of 1998. 1995-96 - Skalsky & Associates was retained by Butz, Lucas & Dunn on behalf of the San Diego Unified Port District (SDUPD) in Thompson, et al. v. SDUPD, et al. The litigation involved purported health problems of contractors (some diagnosed with cancer) exposed to volatile soil contaminants during trenching at the Port of San Diego. The soil contaminants included benzene, toluene, and xylene which were implicated in cancer and fear of cancer claims made by plaintiffs. In November of 1996 individual risk assessments for each exposed plaintiff were presented to a jury. The jury ruled in favor of SDUPD and did not award any monetary damages to plaintiffs. 1996 - Skalsky & Associates was retained by Sedgwick, Detert, Moran & Arnold on behalf of a landlord and their insurers in Webb v. Souders. et. al. The litigation involved a tenant's claim for health injury resulting for a purported chlordane exposure. Claim was settled in July of 1996. 1996-97 - Skalsky & Associates was retained by Arter and Hadden as an toxicology/solvent exposure expert in Cunningham vs. General Dynamics. Litigation involved a health claim for cancer that developed as a result of Mr. Cunningham's employment at General Dynamics an his purported exposure to benzene. Client was dismissed from the litigation. 1996 - Skalsky & Associates was retained by Griffin & Carrick as a solvent exposure expert in Nestle Ice Cream Company v. Newlin Enterprises, Inc. Litigation involved 4 million dollars worth of ice cream purportedly contaminated by xylene and ethylbenzene. Litigation settled favorably for client. 2001 - Skalsky & Associates was retained by Linberg & Watkins as a expert in environmental and indoor air contamination in Patricia Hill, et al. v. Camino Real Truck & Bus Driving School et al. This litigation involved alledged contamination of property and health effects from exposures to diesel exhaust. Skalsky & Associates collected samples of surface residues on the exterior and on the interior of the residences involved. Litigation settled favorably for defendants in September of 2001. The bulk of the litigation support experience from 1997 to present has involved toxic mold. Historically, these cases (over 300) have primarily involved identifying the location of fungal colonization and specifying the means of remediation. More recently these litigations almost always involve additional claims concerning human health effects as they are related to potential risks of mycotoxi. For More Information and/or to discuss your specific health concerns: Skalsky and Associates Contact Page Related Links: |