STORY FROM: Benzene & Emerging Toxic Torts Litigation
Texas Appellate Court Reverses $7 Million Benzene Verdict, Renders Take-Nothing Judgment for DuPont
May 11, 2018
DALLAS –– A Texas appellate court has reversed a $7 million benzene verdict entered against DuPont, finding in part that dose exposure testimony relied upon by the plaintiffs was not reliable.
In the May 8 opinion, the Texas Fifth District Court of Appeals ultimately found that one of the experts testifying on behalf of the plaintiffs failed to connect the data to his opinion by using “reliable, undisputed facts.”
“Instead,” the court concluded, “he relied on assumptions and then simply picked the median exposure number from the range ART calculated, which meant fifty percent of the predicted exposures would be ...