This story was originally published on Legal Dive. To receive daily news and insights, subscribe to our free daily Legal Dive newsletter.
When the Philadelphia Court of Common Pleas increased an already large judgment against ExxonMobil to $816 million in September, it was the latest ruling in a trend of lawsuits over corporate responsibility in environmental cases.
The lawsuit involved allegations of cancer related to benzene exposure. The case, which has attracted attention in legal and environmental circles, underscores the increasingly fraught landscape companies facing juries seeking liability for companies’ impacts on public health and environmental safety.
“ExxonMobil has known for decades that benzene causes cancer, yet they have resisted warning the public and taking basic precautions to limit exposure,” plaintiffs’ attorney Patrick Wigle said in announcing the first verdict in May was pronounced.
The lawsuit stemmed from a claim by a gas station technician in Philadelphia, who alleged that his cancer was caused by exposure to benzene – a known carcinogen – released from the gasoline he used at work. The plaintiff alleged that ExxonMobil failed to warn him of the danger of exposure, even though he was aware of the risk of benzene.
Benzene is commonly found in the oil and gas industry and has been linked to several forms of cancer, including leukemia. The plaintiff’s case included extensive evidence, including medical records and expert testimony and documentation, showing a link between the risk posed by the chemical and the failure to disclose that risk to employees.
After a trial period, the jury found that ExxonMobil’s actions warranted punitive damages, resulting in a verdict of $725.5 million.
ExxonMobil has filed an appeal. The company argued that the damages were excessive and claimed that it had, among other things, adhered to legal standards.
In September, the Philadelphia Court of Common Pleas issued a ruling affirming the jury’s decision and verdict, increasing delay damages by $90.5 million to $816 million. The court emphasized that the evidence presented at trial showed that ExxonMobil had failed to implement adequate safety measures and that the company had knowledge of the risks associated with benzene.
“The evidence of ExxonMobil’s negligence and disregard for the health of the community is compelling,” Judge Michael Davis said. “The damages awarded not only reflect the harm caused to the plaintiffs, but also serve as a deterrent to prevent such negligence in the future.”
