Texaco Says Consortium Claims Fail Because Plaintiff is Still Living

NEW ORLEANS –– A defendant in a Louisiana action has challenged loss of consortium claims brought by the family of a former millwright who allegedly developed Multiple Myeloma as a result of benzene exposure, arguing that the claims are precluded because the exposed party is still living. Goodwin, et al. v. Texaco Inc., et al., No. 11-02697 (E.D. La.).

In the June 1 motion, filed in the U.S. District Court for the Eastern District of Louisiana, defendant Texaco Downstream Properties Inc., contends that under Louisiana law, the loss-related claims do not accrue until Danny Goodwin’s health “deteriorates [to the point] …