STORY FROM: Benzene & Emerging Toxic Torts Litigation

Berryman Products Moves for Summary Judgment in Benzene Case, Says Claims are Time-Barred

BOSTON –– A defendant has moved for summary judgment in a benzene case, contending that the claims are barred by the statute of limitations since the plaintiff knew more than three years before filing the suit that his myelodysplastic syndrome could have been caused by his exposure to benzene-containing products.

In the March 11 motion filed in the U.S. District Court for the District of Massachusetts, Berryman Products Inc. said that the plaintiff’s treating oncologist testified that he never said that the plaintiff’s injury was caused by benzene.

Plaintiff Ralph Girardi contended in his complaint that his work as ...

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