Dental Supplies Company Dismissed from Product Liability Suit

October 1, 2003

Guy R. Gruppie, Gina E. Och and Paul R. Flaherty recently obtained an early dismissal in a multi-party toxic tort case where a former dental patient alleged that exposure to mercury contained in amalgam fillings caused him to suffer various illnesses and permanent personal injury.

Murchison & Cumming represented Den-Mat Corp., which along with approximately 50 other defendants, was alleged to have manufactured and/or distributed the allegedly defective product.

Pursuant to the terms of pleadings and discovery orders made by the Complex Case division of the Los Angeles Superior Court, Den-Mat was able to obtain an early partial dismissal of certain causes of action set forth in the multi-count complaint, and then establish that it could not have played a role in manufacture or distribution of the mercury-containing product.

Only one deposition had taken place by the time plaintiff agreed to dismiss Den-Mat in lieu of a motion for summary judgment.