Oral Argument Set in Review of Personal Injury Damages

AUSTIN, Texas -- The Texas Supreme Court will hear oral arguments on Oct. 18 in an appeal of a jury's decision to award a benzene plaintiff $7.5 million in personal injury damages under the state's Takings Clause. The City of San Antonio v. Pollock, et al., No. 04-1118 (Texas Sup. Ct.).

The high court on May 5 granted the City of San Antonio's petition to review the award, in which the city had argued that the plaintiffs failed to cite a single case where a court has awarded personal injury damages under the Takings Clause. Instead, the city claimed, the …