Kansas Judge Calls for New Benzene Trial

Benzene News

"Kansas Judge Calls for New Benzene Trial"

October 24, 2008

District Court Judge Daniel Creitz, of Allen County, Kansas, has recently decided that a jury's January 2008 verdict in a benzene lawsuit is invalid, as improper instructions led the jury to side with the defendant, a big oil company.

First filed in 2004, the benzene lawsuit started trial proceedings in August 2007 with 2,700 plaintiffs, including individuals, businesses and government organizations residing in Neodesha, Kansas. Together, the plaintiffs were seeking about $478 million in damages from the BP Oil Corp.

The jury decided that BP Oil wasn't responsible for paying cleanup fees, interest charges and punitive damages for its "alleged" role in the massive benzene contamination.

Judge Steps In
However, late September 2008, Judge Creitz issued a shocking, yet hopeful ruling, stating that the jury should have only been instructed to decide the amount of damages to which the plaintiffs were entitled, as the fact that the contamination occurred was indisputable, and BP Oil was responsible for this devastating benzene pollution.

In his ruling, Creitz also called for a new trial that will only focus on awarding damages (rather than proving a benzene contamination occurred). Although this new trial is expected to start between late 2008 and early 2009, an official start date has yet to be set.

Details of the Case and Source of the Benzene Contamination
In its original proceedings, the plaintiffs of this benzene lawsuit sought to prove that over 70 percent of the town of Neodesha had been contaminated with benzene and other toxins (including toluene, arsenic and mercury). With 47 witnesses and thousands of pages of evidential documents, the plaintiffs showed that their city's homes, schools and other public buildings were dangerously contaminated with benzene.

In addition, they hired experts to test and verify that the city's groundwater had also suffered a massive benzene contamination.

Health Effects of Benzene Exposure
Widespread benzene contamination, such as that occurring in this lawsuit, is a dangerous event, as benzene – a byproduct of coal and oil – is a highly toxic substance. While short-term benzene exposure can cause disorientation, vomiting and loss of coordination, overtime, it results in incurable, potentially fatal conditions, such as:

• Immune system deficiencies
• Leukemia
• Severe anemia
• Reproductive issues (although the effects of benzene on a fetus are still unknown, this toxin can cause irreversible damage to people's reproductive systems)

Judge Creitz's recent ruling has given the plaintiffs new hope, as the next trial will grant them compensation they need to finish cleaning up their community and recover from such a devastating contamination.

(Source: WUSA News)

Have you or a loved one been harmed by benzene exposure? If so, contact us today to meet with an experienced benzene lawyer who can help you pursue your legal claim and recover your highly deserved compensation.

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