Skip to main content
Sister Publication Links
  • Rubber & Plastics News
Subscribe
  • My Account
  • LogIn
  • News
  • Technology Focus
    • Features
    • Technical Papers
    • Analysis: Rubber mixing plants of the future
      Analysis: US probes dumping by ESBR suppliers
      Opinion: Tire labels stuck in a rut
      Analysis: NR pricing takes one step forward, two steps back
    • White paper: Role of tire innerliners in improving 'in-use rolling resistance'
      White paper: Why tire air retention matters now more than ever
      Nippon Soda: Use of 1,2-polybutadiene in CSM rubber applications
      Elastomers for Sustainability Top 10
  • Events
    • ERJ Events
    • ERJ Livestreams & Webinars
    • Industry Events
    • Journey to Automation Awards 2020
      Sustainability: Top 10 E4S projects table
  • Maps & Reports
  • People
  • Directory
  • Digital Edition
  • Brainiac
MENU
Breadcrumb
  1. Home
  2. News
September 17, 2010 12:00 AM

Texas appeals court reinstates benzene case against Goodyear

ERJ Staff
  • Tweet
  • Share
  • Share
  • Email
  • More
    Print

    ERJ staff report (TB)

    Beaumont, Texas -- A Texas state appeals court has reversed a summary judgment finding in Goodyear's favour in a lawsuit that alleges a longtime Goodyear employee's exposure to benzene in the workplace caused his fatal renal cancer.

    Charlcie Pink filed the lawsuit on behalf of her husband Veryl, who worked at Goodyear from 1963 to 1997 and died in 2005. In November 2009, the 172nd District Court granted Goodyear's “no-evidence” motion for summary judgment, which claimed Ms. Pink had presented no evidence demonstrating that benzene exposure in the Goodyear plant had caused her husband's cancer.

    A majority of judges in the Court of Appeals for the Ninth District of Texas at Beaumont, however, decided Sept. 9 to reinstate the case.

    “In evaluating summary judgment evidence, an appellate court does not judge the credibility of the witnesses or weigh the evidence,” stated the decision written by Justice David Gaultney. Rather, it must assume in the absence of specific trial court rulings that the evidence presented by the plaintiff's witnesses is true, the majority said.

    The appeals court noted affidavits from several of Veryl Pink's co-workers that it was common practice in the 1960s and 1970s to wash their hands in benzene. The court also noted the statements of Mr. Pink's oncologist, Dr. Mahesh Kanojia, that benzene exposure was the likely cause of his cancer.

    While Goodyear filed briefs during the appeals process casting doubt on the reliability of Dr. Kanojia's analysis, the trial court did not rule on the admissibility of Dr. Kanojia's testimony or the truthfulness of the co-workers, the appeals court said. Without express rulings on this evidence, the appeals court must allow it in the record and reverse any “no-evidence” summary judgment, it ruled.

    Chief Justice Steve McKeithen dissented, saying the “no-evidence” ruling was correct.

    “A conclusory statement by an expert cannot be considered probative evidence if no basis for the opinion is offered, or the basis provides no support,” Justice McKeithen wrote in his dissent. “(Charlcie) Pink not only provided no quantitative proof that Veryl Pink experienced benzene exposure sufficient to cause his disease, Pink provided no evidence that any quantity of benzene exposure will cause renal cell carcinoma.”

    Goodyear officials and Daryl L. Moore, Charlcie Pink's attorney, could not be reached for comment.


    From Tire Business (A Crain publication)

    RECOMMENDED FOR YOU
    Coming up next in ERJ magazine
    Coming up next in ERJ magazine
    Ferentino Tire opens $250m production plant in Sri Lanka
    Ferentino Tire opens $250m production plant in Sri Lanka
    Synthomer raises earnings guidance by 10%
    Synthomer raises earnings guidance by 10%
    Free Newsletters

    Breaking news and in-depth coverage of essential topics delivered straight to your inbox.

    Subscribe today

    Get the latest news impacting the European rubber industry, from breaking news to razor-sharp analysis, in print and online.

    Subscribe now
    Connect with Us
    • LinkedIn
    • Twitter
    • Youtube

    Logo
    Contact Us

    @ 2019 European Rubber Journal. All rights reserved.
    Contact Us European Rubber Journal, Crain Communication LTD, Ground Floor 11 Ironmonger Lane, London EC2V 8EY, UK

    Customer Service:
    1-313-446-0450

    Resources
    • About us
    • Contact Us
    • Staff
    • Advertise with Us
    • Media Kit
    • Careers
    • Ad Choices Ad Choices
    • Sitemap
    Legal
    • Terms and Conditions
    • Privacy Policy
    • Privacy Request
    Copyright © 1996-2021. Crain Communications, Inc. All Rights Reserved.
    • News
    • Technology Focus
      • Features
      • Technical Papers
    • Events
      • ERJ Events
      • ERJ Livestreams & Webinars
      • Industry Events
    • Maps & Reports
    • People
    • Directory
    • Digital Edition
    • Brainiac