Benzene Defendant Files Motion to Dismiss Survival and Estate-Based Claims, Says Estate Didn’t Exist When Complaint Was Filed

PHILADELPHIA –– Benzene defendant Handschy Industries LLC has moved to dismiss a survival act count and all claims asserted on behalf of the decedent’s estate in a benzene action, arguing that the estate did not exist at the time the complaint was filed.

According to Handschy Industries’ motion –– filed Nov. 3 in the Pennsylvania Court of Common Pleas for Philadelphia County –– the plaintiffs did not file paperwork to become the legal representative of the estate until Jan. 2014, more than one year after the lawsuit was filed.

The plaintiffs brought the action on behalf of Sanford Duttera, who …