Richards v. Safety-Kleen Corporation Marshall Co., W.Va. Civil Action No. 95-C-14MIn early 1978, Mr. Ronald Richards and his family opened
Richards Truck Parts in Clarksburg, West Virginia. By 1979, Richards Truck Parts began overhauling and rebuilding heavy truck rear-end assemblies and transmissions. In order to accomplish that repair work,
Richards Truck Parts began using a Safety-Kleen Model 30 Parts Cleaner that was filled with Safety-Kleen 105 solvent product. Mr. Richards personally used the Safety-Kleen solvent on a daily basis.
Safety-Kleen's 105 solvent is a mixed solvent made up of mineral spirits, a mixture of approximately 80 to 85 percent aliphatic
hydrocarbons, and between 15 and 20 percent aromatic hydrocarbons, and one percent or less of chlorinated hydrocarbon contaminants with a 105 flashpoint. Benzene is one of the aromatic
hydrocarbons contained in the SK-105 solvent. Mr. Richards was diagnosed with non-Hodgkin's lymphoma on March 4, 1994. Mr. Richards passed away as a result of his illness on February 1, 1995, at the age of 55.
Suit was instituted against Safety-Kleen Corporation alleging misrepresentation, failure to warn of the hazardous nature of the solvent, and defective design since the solvent was contaminated
with various carcinogenic substances. Plaintiffs asserted that the benzene in the solvent was the cause of Mr. Richards' non-Hodgkin's lymphoma. Safety-Kleen asserted in its defense
that benzene does not cause non-Hodgkin's lymphoma; that Mr. Richards cancer was inherited from his father who also had contracted non-Hodgkin's lymphoma; and that it had warned of the
hazards associated with its solvent and parts washer. The case settled for a confidential amount during court-ordered mediation .
|
