Federal Court Dismisses Benzene Plaintiffs' Res Ipsa Loquitur Claims

LITTLE ROCK, Ark. -- The U.S. District Court for the Eastern District of Arkansas has granted a motion to dismiss made by defendants who claimed the plaintiffs failed to prove the defendants had exclusive control over the products that allegedly caused their injuries. Loveless, et al. v. Ashland Inc., et al., No. 04-972 (E.D. Ark.).

The February order effectively dismisses the res ipsa loquitur claims asserted against defendants Shell Oil Co., Shell Chemical, Sherwin Williams, Kerr-McGee Refining Corp., Chemcentral Corp., Union Oil and Ashland Inc.

According to the order, the plaintiffs allege exposure to solvents, causing a variety of injuries, …