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KJMSHR Obtained Dismissal for Defendant-Client in Benzene Exposure Case

KJMSH&R obtained dismissals for one of our clients in a toxic tort/chemical exposure case filed in the Philadelphia Court of Common Pleas. The dismissal resulted when the Court considered and ultimately granted our Motion for Summary Judgment filed on behalf of our client. Plaintiffs’ claims arose out of alleged exposures to benzene in the defendants’ solvent and adhesive products, resulting in Myelodysplastic Syndrome. Our Motion for Summary Judgment filed on behalf of our client argued that there was no admissible evidence in the case that any of our client’s products actually contained benzene, citing Krauss v. Trane U.S., Inc., 104 A.3d 556, 565-69 (Pa. Super Ct. 2014), holding that a plaintiff in such a case must prove the product contained the substance at issue by personal knowledge or some other competent evidence. Plaintiffs in this case relied upon suppositions from experts that certain ingredients in particular products “could be benzene containing.” The Court held that speculation as to the chemical composition is insufficient to survive Summary Judgment. Richard Walker, Robert Conner, and Jake Reber collaborated on the briefs.