ERIC PARKER, Appellant,
v.
MOBIL OIL CORPORATION et al., Respondents. (And Third-Party Actions.)
Court of Appeals of New York.https://leagle.com/images/logo.png
Argued September 5, 2006.
Decided October 17, 2006.
Attorney(s) appearing for the Case
Kreindler & Kreindler LLP, New York City (Marc S. Moller and Blanca I. Rodriguez of counsel), and Baggett, McCall, Burgess, Watson & Gaughan, Lake Charles, Louisiana (William B. Baggett, Sr., Wells T. Watson and Jeffrey T. Gaughan of counsel), for appellant.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Newark, New Jersey, and New York City (Robert J. Kelly, Richard E. Lerner, Robert P. Scott and Suna Lee of counsel), for Mobil Oil Corporation and another, respondents.
Smith Mazure Director Wilkins Young & Yagerman, P.C., New York City (Joel Simon of counsel), for Island Transportation Corporation, respondent.
Rivkin Radler LLP, Uniondale (James Quinn, Jay D. Kenigsberg and Harris J. Zakarin of counsel), for Getty Petroleum Marketing, Inc., respondent.
Locks Law Firm, PLLC, New York City (Seth R. Lesser of counsel), and Val Washington for American Trial Lawyers Association and another, amici curiae.
Metzer Law Group, APLC, Long Beach, California (Raphael Metzger of counsel), for Council for Education and Research on Toxics and others, amici curiae.
Mayer, Brown, Rowe & Maw, Washington, D.C. (Andrew J. Pincus, Charles A. Rothfeld and Rajesh De of counsel), and National Chamber Litigation Center, Inc. (Robin S. Conrad and Amar D. Sarwal of counsel), for Chamber of Commerce of the United States of America, amicus curiae.
Malaby, Carlisle & Bradley, LLC, New York City (Robert C. Malaby and David P. Schaffer of counsel), Crowell & Moring LLP, Washington, D.C. (William L. Anderson and Jennifer G. Knight of counsel), and Shook, Hardy & Bacon, LLP (Victor E. Schwartz and Mark A. Behrens of counsel), for Coalition for Litigation Justice, Inc., amicus curiae.
Michael A. Cardozo, Corporation Counsel, New York City (Leonard Koerner, Fay Leoussis, Christopher G. King, Amy London and Elizabeth S. Natrella of counsel), for City of New York and another, amici curiae.
Debevoise & Plimpton LLP, New York City (Anne E. Cohen, Robert D. Goodman and Genevieve A. Pope of counsel), and Hugh F. Young, Jr., Reston, Virginia, for Product Liability Advisory Council, Inc., amicus curiae.
Jordan and Moses, Saint Simons Island, Georgia (Randall A. Jordan and Mary Helen Moses of counsel), Louis P. Warchot, Washington, D.C., and Daniel Saphire for Association of American Railroads, amicus curiae.
National Legal Scholars Law Firm, P.C., Lyme, New Hampshire (Anthony Z. Roisman of counsel), for Margaret A. Berger and others, amici curiae.
Chief Judge KAYE and Judges ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur; Judge PIGOTT taking no part.
Court of Appeals of New York.
OPINION OF THE COURT
CIPARICK, J.
Plaintiff Eric Parker commenced this action in 1999 against Mobil Oil Corporation, Island Transportation Corporation and Getty Petroleum Marketing, Inc., alleging that exposure to benzene in gasoline caused him to develop acute myelogenous leukemia (AML). Parker had worked as a gas station attendant for 17 years and had been exposed to benzene through inhalation of gasoline...
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