Attorney Jeffrey Jackson successfully obtained summary judgment and dismissed a case in the New York Supreme Court of Onondaga County. The court granted Burns White’s motion for summary judgment and dismissed the case. Plaintiff alleged exposure to benzene and diesel exhaust during Decedent’s railroad employment caused his cancer, resulting in his death. Burns White filed a motion for summary judgment seeking dismissal under res judicata, arguing they were precluded from fling the same claim in New York that had been dismissed in Pennsylvania.
The case was originally filed in the Philadelphia Court of Common Pleas and dismissed on Preliminary Objections. Plaintiff refiled the case in Onondaga County (Rochester, NY).