Texas Appeals Court Reverses Summary Judgment Award in Benzene Case

BEAUMONT, Texas -- A Texas appellate court has reversed a no-evidence summary judgment entered in favor of Goodyear Tire & Rubber Co., ruling that there is sufficient evidence to support a finding that the defendant knew of the risks associated with benzene exposure and failed to warn the decedent. Pink v. Goodyear Tire & Rubber Co., et al., No. 09-09-00241-CV (Texas 9th Dist Ct. App.).

In the Sept. 9 opinion, the Texas 9th District Court of Appeals additionally found that the plaintiffs had presented enough evidence to support a finding of proximate caused.

Veryl and Charlcie Pink asserted the claims, …