Plaintiffs Oppose Efforts to Apply Sophisticated User Doctrine to Claims

NEW ORLEANS -- Plaintiffs in a benzene case have opposed a motion for summary judgment asserted on sophisticated user grounds, saying that the manufacturer of the benzene-containing products did not disclose the defect, so it could not have been known to the decedent's employer. Barrois, et al. v. Firemand's Fund Insurance, et al., No. 09-380 (E.D. La.).

On Feb. 9, the plaintiffs filed the response in the U.S. District Court for the Eastern District of Louisiana, noting that the decedent was never disciplined for not following safety precautions.

"Chevron has no record or knowledge that material safety data sheets …