Segal McCambridge Appellate Victory Secures Dismissal of Benzene Exposure Case for Global Paint Manufacturer

Segal McCambridge’s appellate defense team led by Shareholder Michael Sena successfully defended a global manufacturer of protective paints and coatings in a benzene products exposure case before the Appellate Division, First Department of the Supreme Court of the State of New York.

In the case, it was alleged that prolonged exposure to the manufacturer’s paint products caused the development of myelodysplastic syndrome, a form of blood cancer, while the plaintiff worked at an auto repair shop in Queens, New York. The Supreme Court, New York County, had previously denied the defendants’ motions for summary judgment.

On appeal, the Appellate Division unanimously reversed that decision, holding that the defendants made a prima facie showing that the solvents in their paint products were not carcinogenic and that the plaintiffs failed to raise a triable issue of fact. The court found no credible evidence of benzene contamination in the products at issue or any evidence of exposure levels sufficient to cause illness.

This ruling represents a significant victory for the paint and coatings industry, as it further weakens claims based on alleged trace contamination of paint products as a source of benzene exposure.