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Failure to Warn Tire Workers of Dangers from Benzene-Containing Solvents

June/July 2019

From 1973 to 2013, Gary Eaves worked at Cooper Tire & Rubber Co., a tire manufacturing plant. During this period, his job duties included working as a green tire hauler and handler in the plant’s curing department and as a spray booth operator, which required him to spray the inside and outside of truck and radial green tires with a substance containing benzene. As a result, Gary was exposed to large amounts of benzene and benzene vapors during the course of his employment.

Randy Eaves, Gary’s brother, was also employed by Cooper Tire & Rubber Co. from 1976 to 2000. His job duties included building radial tires and cutting rubber material and other components of the radial tires using a benzene-containing solvent. He also was exposed to large amounts of benzene and benzene vapors while working at the tire plant.

At age 59, Gary was diagnosed as having non-Hodgkin lymphoma. Also at age 59, Randy was diagnosed as having acute myelogenous leukemia after first struggling with myelodysplastic syndrome. Both brothers received treatment for their illnesses but died within several years. Gary is survived by his wife and two children. Randy is survived by his wife.

The brothers’ survivors sued Union Oil Co. of California, which had manufactured the benzene-containing rubber solvents Gary and Randy used at the tire plant. Suit alleged wrongful death and negligence for the defendant’s failure to warn of the dangers of working with the solvents. The plaintiffs asserted that because the defendant knew that its product contained benzene, which is hazardous and linked to cancer, it should have advised workers to wear respirators or protective clothing.

The jury awarded more than $21.3 million, apportioning liability at 58 percent to Union Oil and 42 percent to Cooper Tire.

Citation: Eaves v. Ashland, Inc., No. C16-00815 (Cal. Super. Ct. Contra Costa Cnty. Mar. 29, 2019).

Plaintiff counsel: AAJ members Scott Frieling and Allen Stewart, both of Dallas; AAJ member Rajeev K. Mittal, El Segundo, Calif.; and AAJ members Mary Alexander and Jennifer Fiore, both of San Francisco.

Plaintiff experts: James Stewart, toxicology, Newton, Mass.; Robert Harrison, occupational medicine, San Francisco; and Robert Johnson, forensic economics, Los Altos, Calif.

Defense experts: Pamela Williams, occupational health, Boulder, Colo.; and Ethan Natelson, oncology, Houston, Texas.