Cetrulo obtained summary judgment for its client, a specialty chemical supplier, in the Superior Court of Massachusetts, Suffolk County. Plaintiff alleged that Cetrulo’s client supplied benzene for a solvent used by the Plaintiff which contributed to his myelodysplastic syndrome (MDS). Plaintiff brought claims of negligence, breach of express and implied warranties, loss of consortium and violation of M.G.L. Chapter 93A. Cetrulo moved for summary judgment, primarily arguing that Plaintiff’s claims were barred by virtue of Massachusetts’ rejection of market share liability. The Superior Court agreed, declining to adopt Plaintiff’s proposed alternative liability and comingled product theories, and dismissed Plaintiff’s Complaint. Lawrence G. Cetrulo, Michael J. Cahalane and Karlene E. Manley defended the case for Cetrulo.
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