On May 23 a discovery control plan order was entered in litigation filed on behalf of the late David Landry Jr., whose family members claim he develop multiple myeloma from benzene exposure.
As previously reported, on Feb. 27 David Landry III and Tori L. Flowers, filed suit against American Cyanamid and 17 other companies in Jefferson County District Court, alleging they negligently exposed David Landry Jr. to benzene despite being aware of the dangers.
The other defendants include Cytec, Wyeth Holdings, Amoco Chemical Co., Amoco Oil Co., Atlantic Richfield Co., B.P. Amoco Chemical Co., B.P. Products North America, Chevron, Shell Chemical Company, Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Shell Chemical and Shell Oil, Texaco Chemical Company, the Union Oil Company of California and TRMI Holdings.
The order calls for the case to be mediated on or before March 3, 2014. The case itself has been placed on the court’s August 2014 trial docket.
The lawsuit alleges that David Landry Jr. worked at the Port Neches chemical plant during the mid 1970s and “was occupationally exposed to various toxic and carcinogenic chemicals, including but not limited to, benzene, benzene-containing products and other carcinogens.”
As a result of his exposure to the various chemicals, David Landry Jr. developed multiple myeloma, his family claims.
The suit alleges the defendants negligently failed to warn customers and workers of the dangers of benzene despite having actual knowledge.
The plaintiffs are seeking damages for David Landry Jr.’s alleged medical expenses, mental anguish, pain, impairment, disfigurement and lost wages and for their own mental anguish, medical costs, loss of her husband’s society and household services and costs for nursing care.
Beaumont attorney Darren L. Brown of the Provost Umphrey law firm represents them.
Judge Bob Wortham, 58th District Court, is assigned to the case.
Case No. A194-019