Ark. Court Affirms Dismissal of Benzene Claims Against Union Pacific Railroad

LITTLE ROCK, Ark. -- An Arkansas appellate court has affirmed a trial court's finding that expert testimony in a benzene case was inadmissible and, without the testimony, the claims could not proceed against the employer defendant. Richardson v. Union Pacific Railroad Co., No. CA10-591 (Ark. Ct. App.).

In the Sept. 28 opinion, the Arkansas Court of Appeals rejected the plaintiff's contention that the trial court had wrongfully required a precise measurement of exposure, instead finding that the plaintiff had simply failed to present any reliable data of his own exposure to the toxic chemicals.

The complaint was filed by Terry …