Judge grants defendant's motion to dismiss benzene case

David Yates Apr. 18, 2012, 10:34am

A local judge has dismissed a benzene lawsuit after the defendants argued that the plaintiff was refusing to non-suit them despite a settlement agreement.

As previously reported, on Aug. 1 Judge Bob Wortham, 58th District Court, ordered Texaco and several other companies into mediation with plaintiff Mark Majors, who sued over benzene exposure.

Mark Majors and his wife, Sylvia, filed their suit Oct. 13, 2010, in Jefferson County District Court, alleging Majors developed cancer because the defendants negligently exposed him to benzene.

On Feb. 10 defendant Sabine Towing & Transportation filed a motion to reform and dismiss with prejudice, asserting that the settlement agreement between the parties calls for the case to be dismissed with prejudice, court papers say.

Two weeks later, Judge Wortham signed a final order, dismissing all claims in the cause.

According to court documents, Majors worked at a Port Neches refinery in the 1970s.

"During Mark Majors' employment at the Port Neches chemical plant he was occupationally exposed to ... benzene though the late 1970s," the suit states. "As a result of such exposure, Majors developed multiple myeloma, a deadly cancer."

The plaintiffs are represented by Provost Umphrey attorney Darren Brown.

Bill Mahely of Houston represents Sabine Towing & Transportation

Case No. A188-591

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