Jury/Judge Testimony - Trial/Court Experience
1993 - Jury Trial
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). Provided testimony concerning extent of contamination and methods of clean-up. Described EPA Region 9 concurrence with my approach. Jury ruled for the EPA approved clean-up cost of $100,000 and ruled against the 4 million dollar claim of plaintiff.
1994 - Judge
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.
1996-97 - 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. These cases began as location and extent of fungal colonization within the building materials. Now these litigations almost always involve additional claims concerning human health effects.
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