Wife wants testimony from ill husband recorded for possible lawsuit

David Yates Feb. 1, 2011, 5:50am

Alleging benzene exposure, the wife of a former E.I. DuPont De Nemours employee has filed a petition to perpetuate testimony, signaling that a potential lawsuit against the chemical company may be in the works.

Lillie Hubbard wants the testimony of her husband Frank Hubbard recorded now, in case he dies or is too ill to testify at a later time during the litigation process.

Lillie Hubbard filed the petition Jan. 21 in Jefferson County District Court. Potential defendants listed include DuPont, Huntsman Petrochemical, Chevron USA and Texaco.

Court records show Hubbard was diagnosed with a terminal type of leukemia called Myelodysplastic Syndrome, commonly referred to as MDS.

In his petition, Hubbard contents he was negligently exposed to benzene during his employment with DuPont, but does not give dates.

He accuses all the potential defendants of manufacturing and distributing benzene products without warning of the dangers.

For now, the petition is only seeking to perpetuate Hubbard's testimony.

Provost Umphrey attorney Keith Hyde of Beaumont represents him.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Case No. B189-216

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