Smith, Benjamin Moore, Benzene & Leukemia


The Smith, Benjamin Moore, Benzene & Leukemia case is about a pipefitter, insulator, and painter that alleged that his Acute Myeloid Leukemia (“AML”) was caused by exposure to benzene-containing “lubricants, cleaners, paints, paint thinners, paint strippers, solvents and chemicals while employed by Valero Energy Corporation and Texaco.

A brief summary of the Smith, Benjamin Moore, Benzene & Leukemia follows: 

  1. Mary Smith filed suit on July 30, 2009, in her individual capacity, as the Executrix of the Estate of Phillip Smith, and as his surviving spouse.
  2. Plaintiffs claim that wrongful exposure to benzene-containing products during the course of Mr. Smith’s employment caused him to develop Acute MyeloidLeukemia (“AML”).
  3. According to Plaintiffs, as a result of his exposure, Mr. Smith died on April 26, 2008.
  4. Plaintiffs allege that Mr. Smith’s employment exposed him to various benzene-containing “lubricants, cleaners, paints, paint thinners, paint strippers, solvents and chemicals” distributed, marketed, and/or manufactured by the Product Defendants while working as a pipefitter, insulator, and painter for Valero Energy Corporation, Texaco, and as a self-employed painter.
  5. Four product-identification witnesses, Mary Smith, Alan Smith, Gary Reisling, and Tim Edwards, were deposed in this case.
  6. Each witness could only provide general, non-specific testimony describing the manufacturer.
  7. Not one of Plaintiffs’ witnesses identified a specific product that allegedly contained benzene.
  8. Plaintiffs also allege that Mr. Smith suffered benzene exposure when he used Rust-Oleum spray paint to paint “valve covers and stuff like that, just to dress thing up” when working on cars.
  9. Although Phillip Smith’s son, Alan, identified Rust-Oleum as a product that his father used, he could not provide any further details about any products used by Mr. Smith or allegedly manufactured by Rust-Oleum.
  10. The Court ruled: Defendants’ Motions for Summary Judgment are GRANTED. 
  11. To find out more on the case in the Superior Court of Maryland, New Castle County, which ruled on an appeal of summary judgment, see 09C-07-287 – July 18, 2012.

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If you have been diagnosed with a serious disease (e.g., leukemia, cancer, AML, kidney cancer, multiple myeloma, non-hodgkins lymphoma etc.) from benzene exposure, and need a benzene lawyer to help you file a benzene exposure lawsuit, contact our office at 1.844.329.5955.

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