Benzene Defendant Backs Motion to Dismiss Suit, Says Plaintiff Admits Estate Didn’t Exist

PHILADELPHIA –– A benzene defendant has backed its motion to dismiss a survival act count and all claims asserted on behalf of the decedent’s estate, saying that the plaintiff “notably” admits that the complaint was filed before paperwork establishing the estate.

In the Dec. 4 reply brief filed in the Pennsylvania Court of Common Pleas for Philadelphia County, defendant Handschy Industries LLC maintained that the plaintiffs cannot bypass the requirement that a lawsuit be filed on behalf of an existing legal entity.

“…[P]laintiff’s ignorance regarding estate law does not excuse her failure to apply for the letters of administration necessary …