Court Upholds Mechanic’s $726M Verdict Against ExxonMobil Over Benzene Exposure

A Philadelphia Court of Common Pleas has upheld a Philadelphia jury’s $725.5 million verdict against ExxonMobil in a case of cancer linked to exposure to benzene, an ingredient in gasoline.

The court denied ExxonMobil’s post-trial motions and added more $90 million in delay damages, to bring the total award to almost $816 million.

Paul Gil worked as a Mobil service station mechanic from 1974 to 1979.

During a trial in May, the jury weighed evidence of Gill’s exposure to benzene from gasoline, Mobil’s failure to warn him, and the harm that he and his wife Diane sustained as the result of his developing both leukemia and colon cancer. ExxonMobil was found liable by the jury for failing to warn Gill about the risk of benzene in Mobil’s gasoline.

At the time the verdict was announced, ExxonMobil called the verdict “irrational” and said it would ask the court to reverse it before it became final. That request was denied and then ExxonMobil appealed to the Court of Common Please for a judgment notwithstanding the verdict or a new trial.

ExxonMobil maintained that the evidence did not support the product defect and failure to warn claims or the claim the cancer was caused by its product.

Judge Carmella G. Jaqcuinto of the Court of Common lease denied ExxonMobil’s requests on September 12

The Gills were represented by Andrew DuPont of Locks Law Firm and Patrick Wigle and Rajeev Mittal of Waters Krause Paul & Siegel.

“The denial of the post-trial motions reinforces the jury’s determination that ExxonMobil must be held responsible for causing Mr. Gill’s injuries,” said Andrew DuPont, a partner with Locks Law Firm. “It’s important that we continue to fight to bring to light the cancer hazard of exposure to benzene in gasoline.

DuPont has 20 years of experience litigating benzene cases, with over 50 settlements. The firm said the Gills’ verdict is the largest ever in a benzene case.