Benzene suit over man's myeloma dismissed for want of prosecution

David Yates Jul. 10, 2012, 3:41am

A benzene case over a man's multiple myeloma has been dismissed for want of prosecution.

As preciously reported, Wallace Moore, and his wife Lois, filed suit Feb. 17, 2011, in Jefferson County District Court against Chevron USA and eight other companies, alleging the defendants negligently exposed him to benzene.

The other defendants named in the suit include ExxonMobil, Gulf Oil, Jones-Blair Co., Radiator Specialty, Shell Chemical, Shell Oil, Texaco and U.S. Steel Supply. Univar USA and McKesson Corp. were later added as defendants.

Court records show that on Aug. 5, 2011, Judge Donald Floyd, 172nd District Court, granted Beaumont attorneys Tina Bradley and Herschel Hobson's motion to withdraw as counsel. The plaintiff's attorneys stated their clients disagreed with them on how to handle the case.

On May 4 Jones-Blair Co. filed a motion to dismiss for want of prosecution, stating that the plaintiffs have failed to appoint new counsel since their former attorneys withdrew, court papers say.

Judge Floyd dismissed the suit for want of prosecution on July 6, court records show.

The original petition states that from 1966 to 1986 Moore worked as a general laborer and truck driver at U.S. Steel's Port Arthur plant.

The suit alleges that during his employment, Moore was exposed to benzene-containing products that were manufactured and supplied by the defendants.

"This exposure resulted in Wallace Moore developing the disease multiple myeloma," the suit states, adding that the defendants were negligent for placing benzene products into the stream of commerce without warning workers of the hazard.

Moore was suing for punitive damages, plus his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.

His wife was seeking loss of consortium damages.

Case No. E189-390

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