STORY FROM: Benzene & Emerging Toxic Torts Litigation
Pa. Court Tosses Breach of Express Warranty Claim in Benzene Case; Allows All Other Claims to Proceed
January 10, 2018
PHILADELPHIA –– A Pennsylvania state court has tossed a breach of express warranty claim asserted in a benzene case, sustaining an objection to the claim filed by Radiator Specialty Co. in which it maintained that the plaintiff hadn’t stated specific details about the allegedly breached warranty.
The plaintiffs asserted the claims on behalf of David Sparrow, contending that he developed Acute Myelogenous Leukemia as a result of exposure to benzene-containing products. Sparrow came into contact with the products while worked at Heinz Shell Service Station in the 1960s and with a variety of employers as a union pipefitter from 1972 ...