Limoges v. Nalco Co.

Plaintiff Stephen Limoges claimed that he suffered significant pulmonary injuries in a chemical spill. Plaintiffs brought suit against three different entities, including Arden Engineering Constructors, LLC, alleging, inter alia, that they were individually and collectively responsible for Plaintiff’s injuries. Arden filed a motion for summary judgment, which the hearing justice granted. Plaintiffs appealed, arguing that that the hearing justice made an improper credibility assessment about the affidavit of their expert and because he overlooked material issues of fact that were in dispute. The Supreme Court vacated the judgment of the superior court, holding that Plaintiffs’ expert’s affidavit, combined with the documents that were available to the hearing justice, raised a material question of fact as to whether Arden was responsible for Plaintiff’s injury. View "Limoges v. Nalco Co." on Justia Law