STORY FROM: Benzene & Emerging Toxic Torts Litigation

Del. Court Denies Motion to Dismiss in Benzene, Chemical Exposure Case Filed by Former Railroad Employee

WILMINGTON, Del. –– A Delaware court has denied a motion to dismiss filed by a defendant in a toxic substance exposure case, finding that the plaintiffs had adequately pled their claims and had sufficiently established that the discovery rule was applicable.

In the Nov. 20 order, the Delaware Superior Court opined that the complaint contained sufficient allegations to put the defendant on notice of the claim and “to allow Defendant to frame a responsive pleading.”

Plaintiff Richard Hunt worked for Union Pacific Railroad Co. for approximately 35 years as a machinist at its Roseville, Calif., facility. Hunt contended that during ...

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