Parties File In Limine Motions in Pa. Benzene Case, Seek Application of Restatement 3rd of Torts

PHILADELPHIA –– Parties in a Pennsylvania benzene case have filed a number of in limine motions in a benzene case, contesting specific expert testimony on both sides and asking the court to determine that the Restatement (Third) of Torts applies to the claims.

In one motion filed Sept. 11 in the Pennsylvania Court of Common Pleas for Philadelphia County, defendant Safety-Kleen Systems Inc. asked the court to preclude a cause of action for breach of warranty at trial, saying that the plaintiffs have failed to provide evidence that express warranties were issued regarding the merchantability of goods.

The …