Benzene, United States Steel, Rhyne and AML   Recently updated !


Benzene, United States Steel, Rhyne and AML is about a US Steel employee that alleges his workplace exposure to toxic substances and carcinogens – benzene – caused his acute myeloid leukemia (AML).  A brief summary of the Benzene, United States Steel, Rhyne and AML case follows:

  • This is a toxic tort action brought by Bruce Rhyne and his wife, Janice Rhyne, arising out of Mr. Rhyne’s diagnosis with acute myeloid leukemia (“AML”). Plaintiffs allege that Mr. Rhyne was diagnosed with AML as a result of his exposure to benzene in various products manufactured by Defendants. Mr. Rhyne’s alleged exposure to Defendants’ benzene-containing products occurred as follows:
  • Performing non-occupational work at home from approximately 1970 to 1975/1976
  • In his high school mechanic class from approximately 1974 to 1975; and
  • During his employment with Duke Energy at the below facilities:
    • McGuire Plant (Huntersville, NC) from 1976 to 1983 and January 2015 to May 2015;
    • Catawba Plant (York, SC) from 1983 to January 2015;
    • Cliffside Steam Plant (Cliffside, NC) in April 1985;
    • Oconee Plant (Seneca, SC) from December 1986 to February 1987; and
    • Allen Steam Station (Belmont, NC) from September to December 1987.
  • Plaintiffs bring five claims against all Defendants:
    • (1) negligence,
    • (2) gross negligence,
    • (3) breach of implied warranty,
    • (4) fraudulent concealment, and
    • (5) loss of consortium.

The Court ordered as follows:

  • 1. Turtle Wax, Inc.’s Motion for Summary Judgment, (Doc. No. 133), is GRANTED and Plaintiffs’ claims as to Turtle Wax, Inc. are DISMISSED;
  • 2. CRC Industries, Inc.’s Motion for Summary Judgment, (Doc. No. 135), is GRANTED and Plaintiffs’ claims as to CRC Industries, Inc. are DISMISSED;
  • 3. United States Steel Corporation’s Motion for Summary Judgment, (Doc. No. 139), is DENIED and Plaintiffs’ claims as to United States Steel Corporation shall proceed to trial;
  • 4. Sunoco (R&M), LLC’s Motion for Summary Judgment, (Doc. No. 127), is GRANTED and Plaintiffs’ claims as to Sunoco (R&M), LLC are DISMISSED; and
  • 5. The parties shall file any Daubert motions within fourteen (14) days of the date of this Order. Responses to Daubert motions, if any, shall be filed within fourteen (14) days of the date on which the motion is filed. Replies to responses, if any, shall be filed within seven (7) days of the date on which the response is filed.

For more on the Benzene, United States Steel, Rhyne and AML case in the United States District Court, W.D. North Carolina, Charlotte Division, please follow this link: Benzene, United States Steel, Rhyne and AML


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