W.Va. Federal Court Dismisses Plant Supervisor from Benzene Suit; Retains Jurisdiction

CHARLESTON, W.Va. –– A West Virginia federal court has retained jurisdiction over a benzene exposure case, saying that the plaintiff could not assert claims against the only non-diverse defendant because the plant supervisor “simply could not foresee harm to truck drivers” like the plaintiff.

In the April 24 opinion, the U.S. District Court for the Northern District of West Virginia granted the supervisor’s motion to dismiss and denied the plaintiff’s motion to remand.

Bernard L. Thompson contended in his complaint that his work as a tank truck driver for nearly 30 years for Chemical Leaman Tank Lines exposed him …