STORY FROM: Benzene & Emerging Toxic Torts Litigation
Texas Court Denies Motion Seeking Preemption of Benzene Claims
April 14, 2005
GALVESTON, Texas -- A Texas trial court recently denied a motion by U.S. Steel Co. for summary judgment in a benzene case on grounds that claims were preempted by the Federal Hazardous Substances Act and a plaintiff's admission that he failed to read warnings on the allegedly defective product. Allen, et al. v. Bayer Corp., et al., No. 02CV1442 (Texas 10th Jud. Dist., Galveston Cty.).
Sources said the 10th Judicial District in Galveston County had denied the motion in the benzene case, which is slated for trial June 27.
Plaintiffs Harold and Betty Allen claim that Harold Allen was exposed ...