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September 2011

San Diego Team Prevails on Summary Judgment in Bacterial Exposure Case

Partner Jason Meyer and Senior Counsel Jon Tangonan prevailed on a motion for summary judgment on behalf of the Estate of Adam Goldstein (aka D.J. A.M.) and his mother/executor Andrea B. Gross in the Los Angeles Superior Court. The Plaintiff claimed that a subterranean sewage leak at the Goldstein residence exposed Plaintiff to Helicobacter Pylori (H. Pylori) bacteria, allegedly causing a panoply of gastrointestinal injuries and hundreds of thousands of dollars in damages.

After hearing extensive oral argument at the hearing on the motion for summary judgment, the court agreed with the defense position that the Plaintiff could not show that defendants were a substantial factor in causing the alleged injuries. Notwithstanding Plaintiff's submission of an expert declaration purporting to establish causation, objections and arguments raised by the defense showed that the declaration could not establish a triable issue on causation.

The court further found that Plaintiff's Complaint was not saved by the "delayed-discovery" rule. Statements and admissions made during discovery showed that Plaintiff failed to adequately investigate his potential claim when he learned of the injury. Thus, Plaintiff's claims were also barred by the statute of limitations.

Jason F. Meyer



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