Practice point: To establish a relationship between an illness and a toxin, plaintiff must establish (1) the level of exposure; (2) that the toxin could cause the illness; and (3) the likelihood that this toxin caused the injury.
Students should note that the distributor of a defective product has an implied right of indemnification as against the manufacturer.
Case: Martins v. Little 40 Worth Assoc., Inc., NY Slip Op 02866 (1st Dept. 2010
Tomorrow's issue: Employment Law.
