Expert Witness | Litigation Support
Skalsky and Associates have provided expert testimony for both Plaintiffs and Defendants. We have provided expert testimony for a wide variety of organic chemicals (PCBs, benzene, toluene, xylene, pesticides & chlorinated solvents), inorganic chemicals (asbestos, lead, acids, & bases), and biologically based toxins and allergens.
We have completed hundreds of hours of expert testimony concerning the presence, extent, and health implications of fungal growth within buildings.
Skalsky & Associates have planned and overseen remediations within medical facilities so that patient treatment could continue while litigation was ongoing.
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a small sample our early litigation support experience.
EARLY LITIGATION SUPPORT EXPERIENCE
1991 - Retained as an expert on behalf of General Steel & Wire in the Penny Newman et al., vs. J.B. Stringfellow, Jr., et al. General Steel & Wire was purported to be the 3rd largest disposer (by volume) at the Stringfellow landfill. Testimony involved transport of acid mists and an assessment of potential health impacts upon residents of a community near to the landfill. Case settled out of court
1992- Retained by the by the State of California in the Atchison, Topeka & Santa Fe Railway Company vs. State of California Department of Transportation litigation. Represented CalTrans as a expert in lead, petroleum hydrocarbons, and regulatory compliance. Case settled out of court
1993- Retained by Beech & Collins as expert in toxicology in Rossi/McCann vs. Angus Petroleum. Litigation involved potential toxic effects of emissions from an oil field production operation on residents of a nearby apartment building. Case settled out of court.
1993 - Retained by Hunt, Ortmann, Blasco, Palffy & Rossell as an expert concerning health impact of PCB exposure in M & O Properties vs. Cooke Media. Assisted in developing a successful remediation plan for a newspaper publishing facility in Van Nuys, California.
Presented and negotiated the plan with EPA Region 9. EPA approved the plan within three days (September of 1993). Jury approved costs of EPA approved clean-up ($100,000) and ruled against the 4 million dollar claim of the plaintiffs. PCB clean-up was completed in the summer of 1994.
1994 - Retained by Bronson, Bronson & McKinnon to assist in Crossland vs. Woodward-Clyde Consultants. Litigation resulted from dispute concerning proposed clean-up costs for the Franciscan Ceramics Site. Case settled out of court.
1994 - Skalsky & Associates was retained by Palmieri, Tyler, Wiener, Wilhelm & Waldron as an expert in toxicology and environmental regulations in Yoder v. City of Anaheim. Litigation involved the building of a power peaking plant by the City of Anaheim.
The City of Anaheim completed the planning and construction of the power plant without consideration of potential risks to nearby building occupants and without due process. Administrative judge ruled in favor of Yoder Development but ruled that environmental risks could not be compensated until measurable damages occur.
1995 - Skalsky & Associates was retained by Koletsky, Mancini & Feldman as an asbestos expert in Montgomery v. Cal-Pac Roofing. The litigation involved asbestos exposure and the fear of cancer as a result of that exposure. A summary judgement was obtained dismissing the fear of asbestosis portion of this case.
1995-98 Skalsky & Associates was retained by Louis D'Amato, Brisbois & Bisgaard as part of a team in Kennington Ltd. v. ITT Corporation. The litigation involved the cost of clean-up for a manufacturing facility contaminated with PCBs and the remediation of contaminated soils and groundwater beneath the property. Skalsky & Associates was retained as a expert in toxicology, risk assessment and regulatory compliance.
Skalsky & Associates collected wipe samples on various surfaces on the interior of the Kennington manufacturing facility and met with Kennington employees to inform them of exposure risk and to establish methods of exposure reduction. In late 1997, Skalsky & Associates completed a baseline risk assessment for the property which included three separate methods of evaluating worker exposure to PCBs in addition to the standard exposure scenarios required by EPA. Litigation settled favorably for Kennington in August of 1998.
1995-96 Skalsky & Associates was retained by Butz, Lucas & Dunn on behalf of the San Diego Unified Port District (SDUPD) in Thompson, et al. v. SDUPD, et al. The litigation involved purported health problems of contractors (some diagnosed with cancer) exposed to volatile soil contaminants during trenching at the Port of San Diego.
The soil contaminants included benzene, toluene, and xylene which were implicated in cancer and fear of cancer claims made by plaintiffs. In November of 1996 individual risk assessments for each exposed plaintiff were presented to a jury. The jury ruled in favor of SDUPD and did not any monetary awards to plaintiffs.
1996 - Skalsky & Associates was retained by Sedgwick, Detert, Moran & Arnold on behalf of a landlord and their insurers in Webb v. Souders. et. al. The litigation involved a tenant's claim for health injury resulting for a purported chlordane exposure. Claim was settled in July of 1996.
1996 - Skalsky & Associates was retained St Paul Insurance Inc. as a expert in indoor air contamination to assist them in a dispute involving a medical clinic that was purportedly contaminated with fungus. Skalsky & Associates completed a comprehensive fungal survey (airborne, surface, and invasive sampling) of the facility and evaluated the data.
Testified before an administrative judge on behalf of St. Paul concerning the location and extent of fungal colonization within the building and methods of remediation. Judge ruled in favor of the settlement value offered by St. Paul.
1996-97 Skalsky & Associates was retained by Kinder, Wuerfel & Cholakian on behalf of ITT Hartford Insurance Inc. as a expert in indoor air contamination in the Apex Music v. Hartford Fire Insurance Company et al. litigation. Skalsky & Associates completed a comprehensive fungal survey (airborne, surface, and invasive sampling) of the Apex Music Store and testified on behalf of ITT Hartford concerning the presence and extent of fungal colonization within the music store. After a trial in November of 1997, the Judge ruled in favor of ITT Hartford.
1996-97 Skalsky & Associates was retained by Arter and Hadden as an toxicology/solvent exposure expert in Cunningham vs. General Dynamics. Litigation involved a health claim for cancer that developed as a result of Mr. Cunningham's employment at General Dynamics and his purported exposure to benzene. Client was dismissed from the litigation.
1996-97 Skalsky & Associates was retained by Griffin & Carrick as a solvent exposure expert in Nestle Ice Cream Company v. Newlin Enterprises, Inc. Litigation involved 4 million dollars worth of ice cream purportedly contaminated by xylene and ethylbenzene. Litigation settled favorably for client.
1997-98 Skalsky & Associates was retained by Schroeder & Associates and later retained by others as a expert in indoor air contamination in Gillis v. Ralph Wyatt Plastering, et al. The litigation involved a 14 million dollar dispute involving a private residence in Beverly Hills, California, which is purportedly contaminated with fungus.
Skalsky & Associates planned and completed a comprehensive fungal survey (airborne, surface, and invasive sampling) of the Gillis residence and evaluated the results. Litigation settled favorably for primary clients. Final settlement August 1998.
1998 Skalsky & Associates was retained by Green & Hall and others as a expert in indoor air contamination in Baskins v. J. M. Peters. The litigation involved a 10 million dollar dispute concerning over twenty private residences in Foothill Ranch, California. Plaintiff claimed 2.5 million dollars for the cost of remediation for fungal contamination in these homes.
Skalsky & Associates observed plaintiffs testing and then gathered data to individually evaluate 23 residences in Foothill Ranch. In coordination with Madsen, Kneppers & Associates cost of fungal remediation for all of the homes involved in the litigations was placed at approximately $40,000. Litigation settled in September of 1998.