The New York Court of Appeals, which is the highest state appellate court in New York, recently released a decision affirming two lower court decisions to exclude a plaintiff’s proposed expert witnesses in a personal injury case filed on behalf of a child who was born with serious birth defects and disabilities alleged to have resulted from his mother inhaling gasoline fumes while she was pregnant with him. The plaintiff in Sean R. v. BMW of North America, LLC alleged that a defective fuel line in the mother’s car caused her to breath toxic levels of gasoline vapor while she was pregnant and resulted in the serious disabilities from which the child continues to suffer.
The New York Court of Appeals agreed with the rulings of the other courts and found that two of the plaintiff’s proposed experts in the case did not rely on generally accepted scientific principles to reach the conclusions that supported the plaintiff’s case, so their testimony should not be heard by the jury. As a result of this final ruling, the plaintiff will not be compensated for the injuries that he alleged were caused by the negligence of the defendant.
Pregnant Mother-To-Be Continuously Smells Gasoline Vapors While Driving
The plaintiff’s mother had purchased a car from the defendant in 1989, and within two years of buying the car, she began to notice a strong smell of gasoline while driving. According to the recently released opinion, she was also able to smell the vapor from her home when the car was parked in the garage. After taking the car into the dealer, she was told they could not find a problem. Shortly after the problem of gasoline vapors arose, the woman became pregnant with the plaintiff. After the gasoline odor worsened, the plaintiff’s father brought the car back to the dealer, and a fuel leak was found in the engine compartment, caused by a split hose. The leak was fixed, but the plaintiff’s mother had driven 6,458 miles over the course of eight months while the leak was present, and part of that time she was pregnant with the plaintiff.