The defendants brought a motion for summary judgment dismissing a negligence action arising from an alleged gas leak and installation of a replacement boiler in a condominium unit.
The plaintiff alleged exposure to toxic fumes and off‑gassing from carpeting that caused multiple respiratory and neurological conditions.
The court held that the plaintiff failed to provide admissible expert evidence establishing causation between the defendants’ conduct and the alleged health injuries.
Medical reports relied upon were not in admissible affidavit form and were largely based on the plaintiff’s self‑reports.
The absence of air quality testing or expert engineering evidence linking the installation or maintenance of the boilers to the alleged injuries was fatal to the claim.
Summary judgment was granted dismissing the action.
