STORY FROM: Benzene & Emerging Toxic Torts Litigation

Neb. Court Denies Motion to Dismiss, Allows Benzene Plaintiff Time to Obtain Appointment as Personal Representative

OMAHA, Neb. –– A Nebraska federal court has refused to dismiss a benzene exposure lawsuit, saying that although the decedent’s husband admitted that he had not been appointed the personal representative of his wife’s estate, the plaintiff is permitted a “reasonable time for substitution has been allowed.”

In an April 19 order, the U.S. District Court for the District of Nebraska found that the plaintiff’s request for 90 days to obtain appointment as the personal representative of the decedent’s estate was “reasonable and will be granted.”

Plaintiff Dale E. Bettisworth asserted the claims on behalf of Cathy Jo Bettisworth, contending ...

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