Mobil Oil Corporation v. Ellender

968 S.W. 2d 917 (1998)

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Nature of the Case

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Facts

P worked as an independent contractor millwright for D between 1963 and 1977. P repaired, serviced, and cleaned pumps, product lines, and other equipment. P was exposed to benzene. He was diagnosed with acute myelogenous leukemia and died in 1989. P's estate sued D and other defendants, alleging that exposure to benzene caused P's leukemia and subsequent death. P alleged that D was negligent, grossly negligent, and malicious in: (1) failing to warn P about his exposure to benzene, and (2) failing to protect P from those risks. Everyone settled except D. At trial, there was evidence that from D's viewpoint during the period P worked at D, the extreme degree of risk associated with benzene exposure was common knowledge in the petrochemical industry. There was evidence that P's benzene exposure was dangerously high. D's own benzene samples, taken at the olefins and aromatic plant where D periodically worked in the 1960s and 1970s, showed dangerous levels of benzene exposure between 1976 and 1978. These levels were many times more than levels the Occupational Safety and Health Administration considered dangerous in 1977. There was evidence that D knew of the dangers and yet permitted P and others to work without gloves and even used benzene for workers to wash their hands with. The jury found D's conduct was grossly negligent and malicious and awarded the P $622,888.97 in compensatory damages and $6,000,000 in punitive damages. D appealed. The court of appeals affirmed the gross negligence and malice findings and the punitive damages award. D appealed. D asserts that there is legally insufficient evidence of an extreme risk to P of serious injury from benzene exposure at D's facilities.