Calif. Court Reverses Summary Judgment for Rust-Oleum in Benzene Case

SANTA ANA, Calif. –– A California appellate court has reversed an award of summary judgment for Rust-Oleum in a benzene case, finding that the plaintiffs had raised a triable issue of material fact as to the possibility that the decedent was exposed to harmful chemicals in the defendant’s product.

In the April 19 unpublished opinion, the California 4th District Court of Appeal opined that the plaintiffs could rely on testimony from a former co-worker, despite the fact that he had trouble remembering the specific Rust-Oleum products used at the work site.

The plaintiffs asserted the claims on behalf …