Calif. Court Reverses Summary Judgment in Benzene Case; Says Defendant Failed to Prove Mineral Spirits Weren’t ‘Inherently Dangerous’



DOCUMENTS
  • Opinion


LOS ANGELES –– A California appellate court has reversed an award of summary judgment entered in favor of a benzene defendant, concluding that the defendant had not establish that its mineral spirits weren’t inherently dangerous.

In the Oct. 7 opinion, the California Second District Court of Appeal found that without this finding, the defendant was not shielded under the raw material or component parts doctrine.

Plaintiffs Ernest Brady and David Gibbs brought the claims, contending that they developed acute myelogenous leukemia after they were exposed to benzene in Safety-Kleen 105 Solvent.

Gibbs was employed as a mechanic at a number …






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