Results

Jason Rubin successfully defended an automotive retailer in a Philadelphia benzene trial. The plaintiffs, a husband with Non-Hodgkin’s Lymphoma and his wife, alleged that exposure to benzene had caused his cancer and resulting damages including extensive medical expenses and disability. Plaintiffs alleged that exposure to GMR’s client’s brake and carburetor cleaners caused plaintiff’s disease. Plaintiffs rested after seven days and GMR moved for a nonsuit as to its client based on the lack of specific causation testimony offered by plaintiffs’ experts and the lack of regularity, frequency and proximity evidence of plaintiff’s exposure to GMR’s client’s products. Judge Massiah-Jackson granted the nonsuit. Plaintiffs’ focus at trial was on manufacturers of benzene products and not retailers, but at no time did the demand to GMR’s client drop below multiple six figures. All of the other retailers had settled with plaintiffs prior to the nonsuit in favor of GMR’s client.