United States District Court, E.D. Louisiana
YOLANDE BURST, individually and as the legal representative of BERNARD ERNEST BURST, JR.
SHELL OIL COMPANY, ET AL
For Yolande Burst, Individually, and as the Legal Representative of Bernard Ernest Burst, Jr., Plaintiff: L. Eric Williams, Jr., LEAD ATTORNEY, Williams Law Office, LLC, Metairie, LA; Amber E. Cisney, Richard Julius Fernandez, Richard J. Fernandez, LLC, Metairie, LA; Keith E. Patton, PRO HAC VICE, Shrader & Associates, LLP, Houston, TX.
For Shell Oil Company, Defendant: Mary S. Johnson, LEAD ATTORNEY, Ingrid Kemp Laurendine, Johnson, Gray, McNamara, LLC (Mandeville), Mandeville, LA; Charles Stanton Perry, Rebecca Z. Hammerbeck, Rhonda R Caviedes, PRO HAC VICE, Reed Smith LLP (Houston), Houston, TX; Nichole M. Gray, S. Suzanne Mahoney, Johnson Gray McNamara (New Orleans), New Orleans, LA.
For Chevron U.S.A. Inc., Defendant: Tim Gray, LEAD ATTORNEY, Lea Ann Smith, Forman, Perry, Watkins, Krutz & Tardy, LLP (New Orleans), New Orleans, LA; Marquel S. Jordan, Robert Philip Scott, Jr., PRO HAC VICE, Blank Rome, LLP (Houston), Houston, TX.
For Texaco, Inc., Defendant: Tim Gray, LEAD ATTORNEY, Lea Ann Smith, Forman, Perry, Watkins, Krutz & Tardy, LLP (New Orleans), New Orleans, LA.
ORDER AND REASONS
SARAH S. VANCE, UNITED STATES DISTRICT JUDGE.
Defendants Shell Oil Company, Chevron U.S.A. Inc., and Texaco, Inc. move to exclude the testimony of plaintiff's expert Dr. Robert Harrison. Because the Court finds that Dr. Harrison's opinion on general causation is unreliable, the Court excludes this testimony.
Plaintiff Yolande Burst filed this products liability action against defendants Shell, Chevron (as successor to Gulf Oil Corporation), and Texaco. She alleges that her late husband, Bernard Burst, Jr., worked at various gas stations from 1958 through 1971, during which time he regularly used products manufactured, supplied, distributed, and sold by defendants. Specifically, she alleges that he would regularly come into contact with gasoline containing benzene.
On June 20, 2013, physicians diagnosed Mr. Burst with acute myeloid leukemia (AML). He was 71 years old. He passed away as a result of the leukemia on December 21, 2013.
Plaintiff alleges that her husband's regular exposure to gasoline containing benzene during the years he worked as a gas station attendant and mechanic caused his leukemia. She claims that defendants negligently manufactured and sold products containing benzene and that they negligently failed to warn foreseeable users about the health hazards associated with these products. She also alleges strict products liability.
To demonstrate that Mr. Burst's exposure to gasoline caused his AML, plaintiff relies on an expert report from Dr. Robert Harrison, a physician, in which he opines both that benzene can cause AML and that Mr. Burst's exposure to benzene caused his AML. Defendants move to exclude Dr. ...