STORY FROM: Benzene & Emerging Toxic Torts Litigation
Superior Court Dismisses Fraudulent-Concealment Claims in Benzene Complaint
March 3, 2005
LOS ANGELES -- A California Superior Court dismissed several claims -- among them fraudulent-concealment -- in a benzene wrongful death case, citing a failure to allege when, where, and how long the plaintiff was exposed to the defendants' products. Tan v. Soco Western Chemical Corp, et al., No. BC288085 (Calif. Super. Ct., Los Angeles Cty.).
In a Feb. 26 decision, the Los Angeles County Superior Court also dismissed the plaintiffs' claim for design defect, but allowed leave to amend. However, the court denied the defendants' demurrers to the plaintiffs' claims for negligence and warning defects.
The lawsuit was filed by ...