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:
- 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.
- Plaintiffs claim that wrongful exposure to benzene-containing products during the course of Mr. Smith’s employment caused him to develop Acute MyeloidLeukemia (“AML”).
- According to Plaintiffs, as a result of his exposure, Mr. Smith died on April 26, 2008.
- 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.
- Four product-identification witnesses, Mary Smith, Alan Smith, Gary Reisling, and Tim Edwards, were deposed in this case.
- Each witness could only provide general, non-specific testimony describing the manufacturer.
- Not one of Plaintiffs’ witnesses identified a specific product that allegedly contained benzene.
- 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.
- 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.
- The Court ruled: Defendants’ Motions for Summary Judgment are GRANTED.
- 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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