The Fifth Circuit has held that expert testimony is required
to prove that a
toxic substance caused a specific physical injury. See Washington v. Armstrong World
Industries, Inc., 839 F.2d 1121, 1123-24 (5th Cir. 1988) (affirming district court's grant of
summary judgment where admissible expert testimony was lacking to prove asbestos exposure
caused plaintiff's injury). In a toxic mold case, Smith v. ADT Security Services, Inc., 2006 U.S. Dist. LEXIS 70109, No. 3:04-cv-104-HTW-JCS (S.D. Miss. Sept. 26, 2006), the court held that "[i]n order to prevail on his claim for physical injury, plaintiff must demonstrate by a reasonable medical probability through expert testimony that his alleged injuries were caused by mold exposure." Id. (citing Bryant v. Metric Prop. Mgmt., 2004 U.S. Dist. LEXIS 11214, No. 4:03cv212Y, 2004 WL 1359526, at *7 (N.D. Tex. June 17, 2004)). See also Roche v. Lincoln Prop. Co., 278 F. Supp. 2d 744, 750 (E.D. Va. 2003) (stating that the lack of expert testimony is fatal to a plaintiff's claim for specific physical injury resulting from mold exposure).
toxic substance caused a specific physical injury. See Washington v. Armstrong World
Industries, Inc., 839 F.2d 1121, 1123-24 (5th Cir. 1988) (affirming district court's grant of
summary judgment where admissible expert testimony was lacking to prove asbestos exposure
caused plaintiff's injury). In a toxic mold case, Smith v. ADT Security Services, Inc., 2006 U.S. Dist. LEXIS 70109, No. 3:04-cv-104-HTW-JCS (S.D. Miss. Sept. 26, 2006), the court held that "[i]n order to prevail on his claim for physical injury, plaintiff must demonstrate by a reasonable medical probability through expert testimony that his alleged injuries were caused by mold exposure." Id. (citing Bryant v. Metric Prop. Mgmt., 2004 U.S. Dist. LEXIS 11214, No. 4:03cv212Y, 2004 WL 1359526, at *7 (N.D. Tex. June 17, 2004)). See also Roche v. Lincoln Prop. Co., 278 F. Supp. 2d 744, 750 (E.D. Va. 2003) (stating that the lack of expert testimony is fatal to a plaintiff's claim for specific physical injury resulting from mold exposure).
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