Philly judge upholds, increases record WKPS benzene verdict

September 17, 2024

Philly judge upholds, increases record WKPS benzene verdict

A Philadelphia judge has upheld a record-breaking benzene exposure verdict earned by Waters Kraus Paul & Siegel partners Patrick Wigle and Rajeev Mittal and Locks Law Firm partner Andrew DuMont, rejecting a post-trial challenge by Exxon and increasing the verdict to $816 million to account for interest accrued from the time the case was filed.

The ruling by Philadelphia County Court of Common Pleas Judge Carmella Jacquinto follows a May 2024 jury verdict against Exxon Mobil Corp on behalf of a former service station mechanic who was diagnosed with leukemia following exposure to benzene on the job. In addition to upholding the trial verdict, Judge Jacquinto increased the award from $725 million to $816 million to account for Exxon’s delay.

During the seven-day trial in May, jurors heard testimony that ExxonMobil hid information about the risks of benzene. An ExxonMobil representative testified that the company had known about the dangers of benzene as far back as 1950. According to the National Institutes of Health, there is no safe level of exposure to benzene, which is commonly found in gasoline, solvents, adhesives and other petroleum-based products.

Mr. Gill worked as a mechanic at a Mobil service station in Philadelphia from 1975 to 1980, where he regularly handled ExxonMobil products, including gasoline and benzene-containing solvents. In court, he testified that he used these products daily to clean car parts, often with his bare hands, exposing him to benzene both through his skin and by inhalation. In 2019, Mr. Gill was diagnosed with acute myeloid leukemia.

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