Benson and DeBernardis with Nice Win on Difficult Case

Kristen Benson and Tom DeBernardis obtained summary judgment in a complex toxic tort case involving alleged mold exposure and resultant respiratory illness and the claimed need for a lung transplant. They successfully argued our client the water restoration contractor complied with the standard of care and owed no duty of care to plaintiff because it did not “launch a force or instrument of harm” under New York law, did not act affirmatively to render the premises less safe, and plaintiff was not “induced” into “detrimentally relying” on the contractor.  Kristen and Tom also argued with expert support from a pulmonologist and an allergist the mold did not cause plaintiff’s claimed medical problems. Onondaga County Supreme Court Justice Greenwood agreed and dismissed plaintiff’s complaint in all respects.

Very responsive and they understand the meaning of customer service. I could sleep at night knowing that the attorney was protecting my client’s interest.

Martin Ditkof
General Counsel
Morris Material Handling (P&H Crane)