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Martinez v. American Oil & Supply Co.

ELR Citation: 30 ELR 20786
Nos. No. 99-2228, 216 F.3d 1087/(10th Cir., 06/23/2000)

The court holds that a magistrate judge properly granted summary judgment to a cleaning solvent manufacturer whose product allegedly caused an apparatus cleaner to suffer from chest pain, burning in his lungs, and shortness of breath. The court first holds that the magistrate judge's decision to deny further extensions of time for expert witness discovery was not an abuse of discretion. The magistrate judge granted the apparatus cleaner numerous extensions of time prior to his eventual order denying further extensions. Additionally, the cleaner has not shown that given additional time, he would have been able to obtain the experts and the expert reports necessary to establish the requisite causation. Thus, he has not demonstrated that the denial of further extensions of time resulted in actual and substantial prejudice to him. The court next holds that the grant of summary judgment to the manufacturer was proper. The cleaner's submitted materials fell short of meeting the minimum burden of scientific knowledge of the harmful level of exposure to a chemical plus the knowledge that he was exposed to such quantities.

Counsel for Plaintiff
Ramon H. Martinez
Law Offices of Ramon H. Martinez
3901 Indian School Rd. NE, Albuquerque NM 87110
(505) 884-0777

Counsel for Defendants
Theresa W. Parrish
Rodey, Dickason, Sloan, Akin & Robb
Albuquerque Plaza
201 Third St., Ste. 2200, Albuquerque NM 87103
(505) 765-5900

Before Tacha and Ebel, JJ.