ABSTRACT
The toxic tort claimant must establish a reasonable connection between the claimed injury or disease and defendant's product or process. There are significant recent developments in medical-legal proof of toxic tort causation issues. Of the greatest interest are causation issues raised in claims where it is disputed that defendant's product or process caused, or even could cause, plaintiff's injury. Where plaintiff's claimed injury is one of medical harm or disease, plaintiff's proof that defendant's product was the proximate cause of the alleged injuries must be by expert testimony. Proximate cause is ordinarily an issue for jury determination, although a court may properly grant summary disposition where "plaintiff's evidence does not establish a causal connection, leaving causation to the jury's speculation". Defendants shown to have produced the product during the relevant time period were jointly responsible in damages to plaintiff in proportion to their market share in the sale and distribution of the product at the time of the injurious exposure.
