Arizona couple sues corporation over benzene exposure
Posted by Administrator (admin) on Nov 03 2008 at 2:56 PM
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MARSHALL – An Arizona couple is suing Safety-Kleen Systems Inc., a Wisconsin corporation headquartered in Plano, Texas, claiming that the man developed myelodysplastic syndrome after being exposed to dangerous levels of benzene due to the negligence of the corporation.

Brian Foray, who worked as a mechanic and maintenance worker, and his wife Francesca Foray filed the suit on Oct. 24 in the Marshall Division of the Eastern District of Texas.

Benzene is a clear, colorless liquid with a sweet odor that burns readily. Benzene is obtained from crude petroleum. Small amounts may be found in products such as paints, glues, pesticides, and gasoline.

Myelodysplastic syndromes (MDS) are disorders of bone marrow function that cause blood cells to look abnormal and low in numbers. It is also known as preleukemia or smoldering leukemia. MDS is a rare disease that occurs in four per 100,000.

Foray worked with John Sexton Contractors Co. from 1979 to 1996. During his job, he cleaned parts and components of heavy equipment at various landfill sites in the greater-Chicago, Ill., area.

The couple argues that the defendant Safety-Kleen manufactured and sold a parts washer and the parts washing solvent, those were used to degrease and clean metal parts.

According to the lawsuit, the defendant was negligent as its product was hazardous by producing aerosols and vapors of the benzene-containing solvent, causing the user to be splashed by or dermally exposed to benzene and again causes exposure by reintroducing benzene into solvent based automotive fluids.

The complaint says that the defendant failed to warn adequately of the hazards of benzene exposure and the risks associated with the parts washer.

The couple is seeking damages for medical expenses, physical pain and suffering, loss of earnings, and loss of consortium, companionship, society love, affections, support, and care.

The case has been assigned to U.S. District Judge T. John Ward.

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