Calif. Benzene Plaintiffs File Opening Brief in Appeal of Bulk Supplier Decision

SAN FRANCISCO –– California benzene plaintiffs whose claims against U.S. Steel Corp. were thrown out by a trial court have filed their opening brief in the appeal of the decision, arguing that a jury could find that the defendant’s benzene-containing product was defective in design.

In the Dec. 1 brief filed in the California 1st District Court of Appeal, Division 3, the plaintiffs maintained their position that there is no rule that a benzene-containing product must be declared inherently defective before a jury can consider design-defect claims.

In their lawsuit against U.S. Steel, David and Laura Johnson alleged that David …