Court Dismisses Manufacturer Defendants on Sophisticated User Grounds

DES MOINES, Iowa -- A federal court has dismissed benzene claims filed against two rubber solvent manufacturers, finding that the purchaser of the products was a sophisticated user and responsible for warning employees of potential dangers. Mielke v. Ashland Inc., et al., No. 05-cv-88 (S.D. Iowa).

The Jan. 9 motion by the U.S. District Court for the Southern District of Iowa effectively dismisses the benzene claims asserted against defendants Ashland and Shell.

Margaret Mielke asserted the claims on behalf of her deceased husband, Walter Mielke, who she claims was exposed to a benzene-containing rubber tire solvent while working at Bridgestone …