Andrea J. SMITH Attorney LAW GROUP

NEWS & EVENTS

ASLG Win Published in New York Law Journal

Judge Throws Out Lawsuit Over Tear Gas Exposure

John Caher, New York Law Journal

June 25, 2014

A toxic tort claim arising out of allegations that clean-up crews failed to eradicate tear gas from an Albany-area apartment has been dismissed after a judge found no evidence that the plaintiff's health issues surfaced after remediation.

Supreme Court Justice Joseph Teresi (See Profile) said expert testimony established that the plaintiff was not exposed to sufficient levels of CS tear gas after the clean-up to explain the host of injuries alleged.

Kendall v. Amica Mutual Insurance Co., 2014 NY Slip Op 50943, began on April 5, 2009 when a basement tenant in the plaintiffs' Colonie home barricaded himself in the apartment, allegedly with a gun. Colonie police fired a CS tear gas canister into the apartment and removed the tenant.

The owners of the house stayed in their home that night, but one of them reacted strongly to the tear gas that had been released into the basement apartment two flights below. They moved out for several months while repairs and renovations were underway.

Since then, one of the plaintiffs claims to have suffered a host of adverse reactions, ranging from irritant induced asthma and bronchitis to rashes and an interrupted menstrual cycle.

A suit was initiated against the insurer and two companies involved in the clean-up. But Teresi said there was no proof that the alleged injuries resulted from exposure to either the CS tear gas or the cleaning chemicals that may have remained in the building after remediation.

The plaintiffs were represented by Shawn May, an associate at Linnan & Fallon in Albany. Representing the various defendants were: Panagiota Hyde, an associate at Carter, Conboy, Blackmore, Maloney & Laird in Albany; Benjamin Neidl, an Albany partner at Wilson, Elser, Moskowitz, Edelman & Dicker; and Andrea Smith of the A. Smith Law Group in Stamford, Conn.

Conferences

Will be in attendance for the Loss Executives Assn. 84th Annual Meeting and Educational Conference in Tampa, Florida, January 28 - 30, 2015. Looking forward to their terrific presentation...and warm weather!
Returned recently from a retreat in Hilton Head, SC, courtesy of Hawkins Parnell Thackston & Young. In addition to keeping abreast of the latest on lung cancer filings and how to vigorously defend them we also enjoyed various activities and making new friends while zip-lining.
Another successful CLM event in Boca Raton, Florida. Feel free to browse the pics, below...
The Firm is proudly sponsoring a hole at the 2014 CLM golf outing and will be in attendance at this year's annual CLM conference in Boca Raton, FL, April 9 - April 11, 2014. Hope to see you on the links!
The Firm attended and sponsored the CLM Connecticut Chapter, held at the Q Club, New Haven CT, February 25, 2014
The Firm attended the annual DRI Asbestos conference in New Orleans, LA...laissez les bon temps roule!
The Firm Attended the annual CLM conference in San Antonio TX

Headlines

January 1, 2013 A. Smith Law Group, LLP opened its doors in New York City and Connecticut, and is ready to earn your business.
Andrea J. Smith is selected as member in the Claims and Litigation Management Alliance (CLM), a prestigious organization whose membership is by invitation only, and whose mission is dedicated to the principles and practices of claims and litigation management.

Useful Links

Andrea Smith Law Group

NEWS & EVENTS

ASLG Win Published in New York Law Journal

Judge Throws Out Lawsuit Over Tear Gas Exposure