Plaintiff in benzene case will be deposed in Mississippi

Christina Stueve Feb. 27, 2012, 10:16am


Plaintiff Ricky Marshall will undergo a discovery deposition this Thursday in Moss Point, Miss., according to a notice filed Friday in a Madison County benzene case.

Marshall claims he developed leukemia after being exposed to benzene throughout his career as a pipefitter.

Ricky and Jerry Marshall of Mississippi filed a lawsuit Nov. 14 against 53 defendant companies.

Ricky Marshall allegedly worked as a pipefitter from 1970 until 2008 when he was exposed to benzene and benzene-containing products, according to the complaint.

Because of his exposure, Ricky Marshall developed acute myelogenous leukemia and was diagnosed with the cancer Sept. 5, 2011, the suit states.

The case has had several recent actions:

- Raymond Bell and the law firm of Foley & Mansfield entered their appearance on behalf of defendant Kano Laboratories on Feb. 23.

- Attorney Jill Price certified that a copy of Ricky and Jerry Marshall's first amended responses and objections to certain defendants' questions were sent to the attorneys of record for all defendants on Feb. 22.

- Defendant Sherwin-Williams Company on Feb. 23 called for a hearing of its motions for admissions of counsel Feb. 24.

- Christopher Stofko, a Pennsylvania attorney, requested permission Feb. 23 to appear and participate as an attorney on behalf of Sherwin-Williams Company, one of the parties in the case.

- Tracy Jonathan Cowan of the firm Hawkins, Parnel, Thackston & Young, in St. Louis, was retained as a local attorney.

- Defendant Kano Laboratories through its attorneys Foley & Mansfield filed a motion to dismiss the plaintiff's first amended complaint on Feb. 23.

Kano Laboratories states that the plaintiff did not identify the locations or activities where he was allegedly exposed to benzene or benzene-containing products, which was a failure to meet Illinois law fact-pleading requirements. Also, Kano says that the plaintiff's complaint did not identify the specific products the plaintiff was exposed to while employed at numerous locations and how such products were related to Kano and when exposure to Kano products occurred.

- John Patton Jr., attorney for defendant Turner Industries Group, entered his appearance on Feb. 17.

The Marshalls seek damages of more $50,000.

Richard L. Saville Jr., Ethan A. Flint, Andrew J. Balcer, Joseph Whyte, Jill Price and Eric Jackstadt of Saville and Flint in Glen Carbon represent the plaintiffs.

Madison County Circuit Court case number: 11-L-1211.

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