Judge: Ark. Plaintiff Satisfied 'Frequency, Regularity and Proximity' Test

TEXARKANA, Ark. -- Shortly before he determined the sophisticated user doctrine did not preclude benzene claims, an Arkansas judge rejected defense efforts to challenge product identification, according to an order entered Aug. 6. Russell, et al. v. Ashland Inc., et al., No. 04-4116 (W.D. Ark.).

In the Aug. 6 opinion, Judge Harry F. Barnes of the U.S. District Court for the Western District of Arkansas said that the plaintiff had produced sufficient information "from which a reasonable person could conclude that his exposure probably caused his injuries."

Arnold Wayne Russell and Pamela Russell contend that Arnold Russell's work with Cooper …