Delaware Superior Court dismisses Plaintiff’s claims against Shell Oil and Sunoco for claimant’s exposure to xylene, naphtha, mineral spirits and toulene resulting in Acute Myelogenous Leukemia while employed at Warner Graham Company

In two separate decisions issued on September 19, 2008 and October 1, 2008, Herring, et al. v. Ashland, Inc., et al. and Herring, et al. v. Ashland, Inc., et al., the Honorable Jan Jurden dismissed Plaintiff’s claims against Shell Oil and Sunoco for claimant’s exposure to xylene, naphtha, mineral spirits and toulene resulting in Acute Myelogenous Leukemia while employed at Warner Graham Company. Judge Jurden dismissed the claims for failure of Plaintiff to show “product nexus”. “In order to establish “product nexus” the plaintiff must establish that the defendant’s product was present at the job site and that the plaintiff was in proximity to defendant’s product at the time it was used. (emphasis added).