Causation in Toxic Tort Litigation: Which Way Do We Go, Judge

WHICH WAY DO WE GO, JUDGE?"Many can remember the Looney Toons character, Dumb Dog, who was often portrayed looking quite confused after the crafty Bugs Bunny pulled one of his famous disappearing acts."Which way did he go?Which way did he go?Which way did he go, George?"Similarly, the toxic tort plaintiff, when confronted with the nearly impossible burden of establishing causation, may experience feelings of anxiety, frustration and desperation wondering how is he ever going to prove his case.'One can visualize plaintiff's counsel, like the cartoon character, standing in front of the judge after his last expert has been excluded on Daubert grounds asking, "Which way do we go, Judge?" 2 The toxic tort is a new species of tort action and is an outgrowth of our industrialized society.3 Toxic tort cases, frequently 1.For a discussion of causation in toxic tort litigation, see infra notes 6, 11, 26-35 and accompanying text and note 78.