Fla. Plaintiff Opposes Second Motion to Dismiss Toluene Lawsuit, Says Questions of Fact Exist

ORLANDO, Fla. –– A plaintiff asserting toluene exposure claims in Florida federal court is once again on the defensive, maintaining that her lawsuit presents questions of fact that should be left for a jury.

In a March 6 response filed in the U.S. District Court for the Middle District of Florida, the plaintiff argued that motions to dismiss complaints for failure to state a claim upon which relief could be granted “are viewed with disfavor in Federal Courts and are rarely granted.”

Celeste Keys alleges she was exposed to toluene while employed by Shell Oil Co. and developed bladder …