Court upholds Mechanic’s $726 million verdict against ExxonMobil for benzene exposure

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

The court denied ExxonMobil’s post-trial motions and added more than $90 million in late damages to bring the total to nearly $816 million.

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

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

At the time of the verdict announcement, ExxonMobil called the verdict “irrational” and said it would ask the court to overturn it before it becomes final. That motion was denied, and ExxonMobil then appealed to the Court of Common Pleas for a judgment notwithstanding the verdict or a new trial.

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

Judge Carmella G. Jaqcuinto of the Joint Tenancy Court 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 liable for causing Mr. Gill’s injuries,” said Andrew DuPont, partner at Locks Law Firm. “It is important that we continue to fight to bring to light the cancer danger of exposure to benzene in gasoline.

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