David Yates Dec. 8, 2013, 4:13pm

The children of the late Mary Johnson and Total Petrochemicals & Refining USA have filed a joint motion for dismissal with prejudice in a wrongful death suit against, which alleges the company exposed her to benzene.

As previously reported, James, Robert and Richard Johnson filed the suit Nov. 9 in Jefferson County District Court.

Court records show the parties filed the motion for dismissal with prejudice on Nov. 13.

The motion states the parties have agreed on a settlement.

According to the lawsuit, Mary Johnson was employed at Fina’s Port Arthur refinery, where she was exposed to benzene containing products.

“As a result of such exposure, Mary Johnson developed leukemia Polycythemia Vera … from which she died a painful and terrible death on October 24, 2011,” the suit states.

The suit alleges the defendant knew for decades that benzene could cause disease but still allowed employees to use toxic chemicals in the workplace.

The plaintiffs further contend the defendant acted with malice, entitling them to exemplary damages.

Provost Umphrey attorney D’Juana Parks of Beaumont represents the plaintiffs.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B193-580

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