5th Circuit Affirms Bench Trial Ruling in Favor of Benzene Plaintiffs in Jones Act Case

NEW ORLEANS -- The U.S. Court of Appeals for the 5th Circuit has affirmed a bench trial judgment entered in favor of a benzene plaintiff, finding that the district court did not err when it didn't require the plaintiffs' expert testimony to quantify the dosage of exposure. Clark, et al., v. Kellog Brown & Root, LLC, No. 09-41190 (5th Cir.).

In the Feb. 4 ruling, the appellate court found that even if the decedent was exposed to somewhat less benzene than originally suggested, he was still "exposed to a level of benzene known to the scientific community to substantially and …