Watts v. Radiator Specialty Co.

Milton C. Watts (plaintiff) was diagnosed with small-cell lymphocytic lymphoma, a subtype of non-Hodgkin’s lymphoma, in 1999. Watts claimed that his lymphoma was caused by exposure to benzene that was contained in a solvent called raffinate that was used to make Liquid Wrench. Watts used Liquid Wrench, which was manufactured by Radiator Specialty Company (defendant), frequently and consistently during his 43-year-long career. Watts introduced expert testimony on causation from Dr. Levy, an expert in epidemiology and occupational medicine. Dr. Levy testified as to general causation that benzene causes non-Hodgkin’s lymphoma, and as to specific causation that Liquid Wrench caused Watts’s non-Hodgkin’s lymphoma. The methodology Dr. Levy relied on was the review of 18 case studies. Radiator Specialty Co. challenged the reliability and relevance of the case studies. Only half of the studies showed a statistically significant increase in risk due to benzene exposure, no studies looked at Liquid Wrench specifically, one study reported no increase in non-Hodgkin’s lymphoma due to benzene exposure, several studies did not provide indications of how much benzene subjects were exposed to, and no studies concluded that there was a causal link between benzene and non-Hodgkin’s lymphoma. At trial, the jury returned a verdict for Watts. Radiator Specialty Co. moved for judgment notwithstanding the verdict (JNOV), claiming that the court erred in admitting the testimony of Dr. Levy. The trial court granted Radiator Specialty Co.’s motion and excluded the testimony of Dr. Levy and entered a judgment of dismissal with prejudice.