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RUBANICK v. WITCO CHEMICAL CORP.

125 N.J. 421 (1991)

593 A.2d 733

PATRICIA RUBANICK, EXECUTRIX OF THE ESTATE OF RONALD G. RUBANICK, AND PATRICIA RUBANICK, INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR DAMIEN RUBANICK & RONALD G. RUBANICK, INFANTS, PLAINTIFF-RESPONDENT, v. WITCO CHEMICAL CORP., (FOR DISCOVERY), WITCO CHEMICAL CORP., ABC CORP., (A FICTITIOUS CORPORATION); DEF CORP., (A FICTITIOUS CORPORATION); ALAN DOE, (IDENTITY UNKNOWN); CARL DOE, (IDENTITY UNKNOWN), DEFENDANTS, AND MONSANTO COMPANY, (FORMERLY MONSANTO CHEMICAL CORP.), DEFENDANT-APPELLANT. OMBRA DEMAIO, EXECUTRIX OF THE ESTATE OF ANTHONY DEMAIO, AND OMBRA DEMAIO, INDIVIDUALLY, PLAINTIFF-RESPONDENT, v. WITCO CHEMICAL CORP., (FOR DISCOVERY), WITCO CHEMICAL CORP., ABC CORP., (A FICTITIOUS CORPORATION); DEF CORP., (A FICTITIOUS CORPORATION), ALAN DOE, (IDENTITY UNKNOWN), CARL DOE, (IDENTITY UNKNOWN), DEFENDANTS, AND MONSANTO COMPANY (FORMERLY MONSANTO CHEMICAL CORP.), DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided August 1, 1991.

Attorney(s) appearing for the Case

Clyde A. Szuch argued the cause for appellant (Pitney, Hardin, Kipp & Szuch, attorneys, Clyde A. Szuch, Elizabeth J. Sher, and Mary Anne Broderick, on the briefs).

Alfred F. Russo argued the cause for respondents (Russo & Casey, attorneys, Timothy M. Casey, on the brief).

Eugene M. Haring and Kenneth S. Geller, a member of the District of Columbia bar, submitted a brief on behalf of amici curiae The Business Roundtable, The Chamber of Commerce of the United States, The Chemical Manufacturers Association, The National Association of Manufacturers, and The Product Liability Advisory Council, Inc. (McCarter & English, attorneys).

The opinion of the Court was delivered by HANDLER, J.

In this case, the Court must determine the standard governing the admissibility of expert evidence relating to the causation of cancer in toxic-tort litigation. The survivors of two men who had worked at a chemical plant where they had been exposed to a toxic substance, polychlorinated biphenyls (PCBs), claim that their decedents' fatal colon cancer was caused by that exposure. The Law Division conducted a hearing...

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