Judge Refuses to Modify CMO, Says Product Identification Lacking

SEATTLE -- A Washington judge has denied a benzene plaintiff's motion to amend the case management order, opining that the plaintiff has yet to produce evidence linking the decedent to the defendants' products. Evans v. 3M Co., et al., No. 05-2-37353-9 (Wash. Super. Ct., King Cty.).

In the Nov. 29 order, the Washington Superior Court for King County said that in light of the lack of product identification, it could not justify unrestricted discovery directed at the defendants.

Elizabeth Evans claims that her husband, Donald Kimberlin, developed acute lymphocytic leukemia as a result of exposure to benzene while employed at …