DuPont successfully transfers benzene suit

By David Yates | Mar 13, 2013

A Jefferson County benzene suit against E.I. DuPont De Nemours and Co. has been transferred to Harris County.

The family members of the late Kenneth Brumley filed suit against their benefactor’s long-time employer, DuPont, alleging the chemical company exposed him to benzene during his 33-year career.

As previously reported, plaintiffs Jo Ann Brumley, Alan Brumley, Allyson Friedrich and Andrea Lauper filed the suit Feb. 17, 2012, in Jefferson County District Court.

On March 26, 2012, DuPont filed an original answer and motion to transfer venue, stating that the plaintiffs failed to establish that Jefferson County is the county of proper venue.

Judge Bob Wortham, 58th District Court, granted the unopposed motion on April 12, 2012, court papers say.

The lawsuit alleges that from 1960 to 1975 Kenneth Brumley worked as an operator for DuPont plant in Victoria. From 1975 to 1988, he worked at the Corpus Christi facility until being transferred back to Victoria. He was working as a relation’s specialist until retiring in 1993.

“His exposure to benzene … occurred during 1960 to 1975,” the suit states. “This exposure resulted in Kenneth Brumley developing myelodysplasia which resulted in his untimely death.”

The suit accuses DuPont of knowingly causing Kenneth Brumley’s death by exposing him to benzene and failing to warn him of the dangerous of benzene.

The plaintiffs are suing for punitive damages.

Beaumont attorney Tina Bradley of Hobson & Bradley represents them.

Attorney Andrew Shirrmeister III of the Houston law firm Schirrmeister Diaz-Arrastia Brem represents DuPont.

Case No. A191-974

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