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Keywords

contractplaintiffdefendantdamagesmediationtrialtestimonyaffidavitsummary judgmentburden of proofcorporation
plaintiffdefendanttrialtestimonysummary judgmentburden of proofcorporation

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Dougan v. Sikorsky Aircraft Corporation, 337 Conn. 27, 251 A.3d 583

Facts

In September 2009, Sikorsky Aircraft Corporation began a cogeneration project in Stratford, hiring Carrier Corporation as the general contractor. Workers from B-G Mechanical Contractors, a subcontractor, were exposed to asbestos while removing pipes from Sikorsky's boiler house. Complaints of sore throats arose, and testing confirmed asbestos presence, leading to project suspension for remediation. The plaintiffs claimed Sikorsky was aware of the asbestos before work began, and they sought damages and medical monitoring for potential asbestos-related diseases.

The record reveals the following undisputed relevant facts and procedural history. In September, 2009, Sikorsky began work on a cogeneration project at its manufacturing facilities in Stratford.

Issue

Whether the plaintiffs could establish a claim for medical monitoring in the absence of expert testimony demonstrating a subcellular change that substantially increased their risk of disease.

Whether the plaintiffs could establish a claim for medical monitoring in the absence of expert testimony demonstrating a subcellular change that substantially increased their risk of disease.

Rule

To establish a claim for medical monitoring, plaintiffs must demonstrate that exposure to a hazardous substance caused subcellular changes that significantly increased the risk of serious disease, and that medical monitoring is reasonably necessary.

To establish a claim for medical monitoring, plaintiffs must demonstrate that exposure to a hazardous substance caused subcellular changes that significantly increased the risk of serious disease, and that medical monitoring is reasonably necessary.

Analysis

The court found that the plaintiffs failed to provide sufficient expert testimony to establish that they suffered from subcellular changes due to asbestos exposure. The expert's affidavit did not specifically address each plaintiff's condition, leading to ambiguity about whether they had experienced the necessary changes to support a medical monitoring claim. Additionally, the court noted that the plaintiffs did not demonstrate that medical monitoring would significantly decrease the risk of disease or that such examinations were necessary.

The court found that the plaintiffs failed to provide sufficient expert testimony to establish that they suffered from subcellular changes due to asbestos exposure.

Conclusion

The Supreme Court affirmed the trial court's summary judgment in favor of the defendants, concluding that the plaintiffs did not meet the burden of proof required to establish a claim for medical monitoring.

The Supreme Court affirmed the trial court's summary judgment in favor of the defendants, concluding that the plaintiffs did not meet the burden of proof required to establish a claim for medical monitoring.

Who won?

Sikorsky Aircraft Corporation and Carrier Corporation prevailed because the court found that the plaintiffs lacked the necessary expert testimony to support their claims for medical monitoring.

Sikorsky Aircraft Corporation and Carrier Corporation prevailed because the court found that the plaintiffs lacked the necessary expert testimony to support their claims for medical monitoring.

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