Court Says No Duty Owed under OSHA, Finds Causation Lacking

FARIBAULT, Minn. -- A Minnesota trial court has awarded summary judgment to Ashland Inc. and Chevron Texaco Corp. after finding that a benzene plaintiff failed to establish that the defendant's products contained impermissible levels of benzene to which the plaintiff was allegedly exposed. Vettrus, et al. v. Ashland Inc., et al., No. C9-04-817 (Minn. 3rd Jud. Dist. Ct., Rice Cty.).

In the Jan. 11 order, the Minnesota Third Judicial District Court for Rice County also concluded that testimony from Myron Mehlman, Ph.D., Stephen Petty and Melvyn Kopstein, Ph.D., was inadmissible because it lacked "foundational reliability."

The court specifically found that …