ExxonMobil, others sued over benzene exposure

Michelle Massey Apr. 12, 2011, 2:25am

A Mississippi resident is suing several companies who he claimed produced benzene containing products which resulted in him developing multiple myeloma.

Donald Moore Sr., Donald Moore Jr., Wendy A. Brunet and Melissa M. Moore Adair filed suit against ExxonMobil Corp., Bridgestone Americas Tire Operations f/k/a Bridgestone/Firestone Inc. and Firestone Tire & Rubber Co., Chevron USA Inc., f/k/a Gulf Oil Corp. and Texaco Inc., Shell Oil Co., Radiator Specialty Co., United States Steel Corp. and the Sherwin-Williams Co. on April 7 in federal court in New Orleans.

According to the lawsuit, from 1952 through 1978, Donald Moore Sr. worked on cars, bikes and motor-bikes and cleaned guns as a police officer with Liquid Wrench. Other products he used that allegedly contained benzene included paints, thinners, cleaners and stripers, Esso Rust-Ban, Varsol, Esso Handy Oil, Mobil Penetrating Oil and Mobil Handy Oil, Shell lock Ease, Shell Vinyl Cleaner, Shell Solvents, Shell Lighter Fluid and Spot Remover, Firestone Rubber Cement, Firestone Paint Thinner and Firestone Rubber Repair Kit, Gulf Engine Degreaser and Gulf Lock Ease and Texaco Carburetor Cleaner.

"The development of multiple myeloma as a result of chronic benzene exposure has been well documented, and death resulting from multiple myeloma has been associated with benzene exposure," states the lawsuit.

The defendants are accused of negligence and strict product liability for designing and selling benzene containing products, for failing to test their products for health risks, failing to instruct or warn regarding the health hazards, failing to recall their products and for misrepresenting the product's safety.

The lawsuit is seeking damages for physical pain and suffering, mental anguish, emotional distress, disfigurement and embarrassment, physical impairment, lost earnings, loss of earning capacity, physical impairment, physical and mental disabilities, medical expenses, loss of enjoyment of life, fear of cancer and other diseases, loss of society, consortium, companionship, services, nurture, love and affection and wrongful death and survival damages.

The plaintiffs are represented by L. Eric Williams Jr. of Williams Law Office in Metairie and Richard J. Fernandez and Amber Cisney of Richard J. Fernandez in Metairie. A jury trial is requested.

U.S. District Judge Martin L. C. Feldman is assigned to the case.

Case No. 2:11-cv-00747

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