Vermont Supreme Court Upholds Summary Judgment for Benzene Defendants

MONTPELIER, Vt. -- The Vermont Supreme Court has upheld summary judgment awarded to two defendants in a benzene case, ruling that while the plaintiff had established the possibility of benzene exposure, he failed to quantify any level of alleged exposure. Blanchard v. Goodyear Tire & Rubber Co., et al., No. 2011 VT 85 (Vt. Sup. Ct.).

In the Aug. 5 opinion, the high court found that the plaintiff's evidence and expert witness testimony constituted circumstantial evidence, which would not be enough to support a jury finding for the plaintiff.

In his lawsuit, Paul Blanchard claims that his development of …