Clark v. Kellogg Brown & Root L.L.C

[B]Date Decided[/B]: Feb 4th, 2011
[B]Decided By[/B]: Texas Eastern District Court (Federal)
[B]Court[/B]: 5th Cir.
[B]Citation[/B]: 2011 WL 386787 (5th Cir.)
Plaintiff, a Seaman, filed suit under the Jones Act against his former employer, Kellogg Brown & Root L.L.C. (“KBR”), alleging that he developed acute myelogenous leukemia (“AML”) as a result of being exposed to benzene on the job. After a bench trial, the court found that the AML was more likely caused by the Benzene than not. The court found for the Plaintiff, and held KBR liable for causing the Plaintiff’s AML. KBR brought this appeal. KBR asserts that (1) the district court erred because the court assessed causation incorrectly; namely, that it did not use proximate cause, and (2) that the district court abused its discretion in allowing the plaintiff’s expert causation witness to testify.

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