New York Appellate Court Dismisses Benzene Case, Relies on Parker

ROCHESTER, N.Y. -- A New York appellate court has dismissed an aplastic anemia benzene case, finding that the plaintiff failed to produce medical or scientific literature to support his claims. Nawrocki v. The Coastal Corp., et al., No. CA 06-02187 (N.Y. Sup. Ct., App. Div., 4th Jud. Dept.).

In the Nov. 9 decision, the Fourth Department of the Appellate Division of the New York Supreme Court specifically cited Parker v. Mobil Oil Corp. [16 A.D.2d 648, 793 N.Y.S.2d 434, 2d Dept 2005] when dismissing the case.

In Parker, New York's highest court excluded two benzene plaintiff experts for failure …