Court Dismisses Exemplary Damages of $10 Million in Benzene Exposure Lawsuit

SAN ANTONIO -- A Texas Court of Appeals has reversed a jury award of $10 million in exemplary damages to the family of a child who allegedly developed leukemia from in utero exposure to benzene. The court ruled that a property owner is not entitled to recover exemplary damages in an inverse condemnation case. The City of San Antonio v. Pollack, et al., No. 04-03-00403-CV (Texas Ct. App., 4th Dist.).

In a decision released May 12, the 4th District of the Texas Court of Appeals did affirm benefits totaling $7.5 million to the plaintiffs for personal injury, past and future …