Turtle wax has asked a judge to drop a lawsuit filed by a man who alleges he got leukemia from exposure to benzene at his job as a service station employee.
Free Confidential Lawsuit Evaluation: If you or a loved one was injured by the side effects of benzene exposure, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
What’s the Problem?
July 12, 2017 – The amended lawsuit (Madison County Circuit Court case number 17-L-644) was filed last month on behalf of Plaintiff Matthew Eaton, according to the Madison -St. Clair Record.
Plaintiff claims that he was exposed to and inhaled, ingested or absorbed benzene and benzene fumes from products he worked with for years in various capacities as an employee for numerous service stations.
As a result of this benzene exposure, Eaton was diagnosed with acute myeloid leukemia (AML) in June 2015. AML is a life-threatening form of cancer that starts in the blood-forming cells of the bone marrow.
Plaintiff further alleges that the defendants should have known that benzene was toxic and adequate substitutes were available. Defendants named in the complaint include:
- Turtle Wax, Inc.
- BP Corporation North America Inc.
- Phillips 66 Company
- Bauman Oil Distributors Inc.Carter Oil Company
- 3M Company, also known as Minnesota Mining and Manufacturing,
- Berryman Products
- B’Laster Corporation
- Berwind Corporation, doing business as CRC Industries
- Safety-Kleen Systems Inc.
Eaton is seeking a judgment of over $50,000, in addition to all court costs and any other relief the court deems just.
Turtle Wax argues that the lawsuit lacks merit and fails to provide specific facts, including the location of where the benzene exposure occurred, the types of products that emitted the benzene, and the dates/frequency in which the exposure took place.
Additionally, Turtle Wax alleges that Eaton’s complaint is barred by the doctrines of laches, waiver and estoppel; and is preempted by federal and state law. The company filed a motion to dismiss last month in St. Louis.
Do I Have a Benzene Class Action Lawsuit?
The Class Action Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in benzene exposure lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
Free Case Evaluation: Again, if you were harmed by benzene toxicity, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.