Connecticut Superior Court grants summary judgment in favor of Barton Gilman client in food-borne illness claim

BOSTON/PROVIDENCE (Mar. 15, 2016) – Edward D. Shoulkin and Aaron A. Spacone recently obtained summary judgment in favor of a national food supplier in a food-borne illness product liability action in the Connecticut Superior Court.

The plaintiff asserted that she purchased and consumed a contaminated poultry product that was processed, supplied and sold by the defendants. She claimed that both she and her son developed a food-borne illness after consuming the poultry, causing her to suffer various personal injuries for which she asserted claims pursuant to the Connecticut Products Liability Act, § General Statutes 52-572m, et seq.

In moving for summary judgment, Shoulkin and Spacone noted that the plaintiff’s medical records did not attribute her illness and injuries to her consumption of the poultry, nor did the plaintiff identify a medical or scientific expert to trace her illness and subsequent injuries to her consumption of the poultry product. Instead, the plaintiff attempted to prove her claim by relying upon circumstantial evidence that another person became ill following consumption of the same poultry product. In granting summary judgment, the Court held that in the absence of critical medical or scientific evidence, the plaintiff could not sustain her burden of proof.

“I am pleased for our client that the case was dismissed in its entirety before trial,” said Shoulkin. “Using the medical evidence and expected testimony of our expert, we were able to persuade the Court that the plaintiff would be unable to establish causation at trial.”

About Barton Gilman

Barton Gilman is one of New England’s leading civil litigation law firms with offices in Boston and Providence. Its experienced trial attorneys appear regularly in the federal and state courts of Massachusetts, Rhode Island and Connecticut. The Providence Business News named the firm one of Rhode Island’s Best Places to Work from 2008–2012 and again from 2014–2015.