Case Conclusion Date: 07.25.2005
Practice Area: Defective and Dangerous Products
Outcome: Plaintiff's judgment affirmed on appeal
Description: Primary author of a winning brief in the Appeals Court concerning application of the (then) newly adopted "bulk supplier" doctrine in a significant personal injury case. The plaintiff was severely injured as a result of an explosion that occurred when he touched an acetylene torch to an unlabeled 55-gallon drum that contained, unbeknownst to the plaintiff, the highly volatile chemical Toluene. Holding that the Superior Court (Borenstein, J.) had correctly applied and instructed the jury on the bulk supplier doctrine, the Appeals Court affirmed the judgment against Unocal, the supplier of the Toluene. Also drafted a successful opposition to Unocal's Application to the Supreme Judicial Court for Further Appellate Review.