Benzene Exposure Lawsuit Background: Decades of Benzene Exposure
Robert Dickerson spent his career working around benzene-containing products. From 1955 through 2006, he was regularly exposed to industrial solvents and degreasers such as Varsol, toluene, xylene, and mineral spirits, many of which were manufactured or distributed by Exxon Mobil or its corporate predecessors.
- 1955-1959: Robert worked at a Sinclair gas station, where he handled fuels and cleaning agents daily. Gasoline is now classified as a Group I carcinogen, meaning it is known to cause cancer in humans.2
- 1965-2006: He was employed by Weyerhaeuser, where the plaintiff alleged that benzene-based products were used throughout the facility on a daily basis.
The Injury
- 2017: Robert was diagnosed with MDS, a blood disorder linked to long-term benzene exposure.
- 2023: He passed away from complications of the disease.
The Lawsuit
Mr. Dickerson first filed suit in Philadelphia County in 2019, within two years of his diagnosis. After that case was dismissed on jurisdictional grounds, the family re-filed in North Carolina in early 2025.
Exxon moved to dismiss, arguing the claims were time-barred by both statutes of limitations and repose under North Carolina law.
Statute of Limitations
Sets the period of time a person has to file a lawsuit after the injury becomes known. In North Carolina, most personal injury claims must be filed within three years after the claim “accrues” – when the injury becomes known.
Statutes of Repose
Imposes an absolute deadline for filing suit, measured not from the date on which the claim accrues, but instead from the date of the last culpable act or omission by the defendant. North Carolina’s product-liability and personal-injury repose statutes (§§ 1-50(a)(6) and 1-52(16)) cap lawsuits six or ten years after the defendant’s last act — even if the injury appears later.
Exxon argued that because Mr. Dickerson’s benzene exposure ended around 2006, his lawsuit came too late based on the statute of repose.
The Outcome
The Court rejected both of Exxon’s arguments, relying on decades of North Carolina precedent protecting workers with latent occupational diseases.
Claims Accrue at Diagnosis, Not Exposure
The court reaffirmed that disease claims accrue when the illness is diagnosed, not when exposure ends. Citing Dunn v. Pacific Employers Insurance Co. (1992)3, the court held that the statute of limitations did not begin to run until Mr. Dickerson’s MDS diagnosis in 2017. Because his first complaint was filed in 2019, the claim was timely under the three-year limit under the statute of limitations.
Statutes of Repose Do Not Apply to Disease Cases
More importantly, the judge rejected Exxon’s attempt to invoke the six- and ten-year repose statutes. Relying on Wilder v. Amatex Corp. (1985)4, Hyer v. Pittsburgh Corning Corp. (4th Cir. 1986)5, and Stahle v. CTS Corp. (4th Cir. 2016)6, the court emphasized that North Carolina’s repose laws were never meant to cut off claims arising from disease.
In Wilder, North Carolina’s highest court ruled that the state’s repose statute (§ 1-15(b)) was never intended to cover claims arising from disease. Decades later, the Fourth Circuit’s decision in Stahle echoed that reasoning, confirming that illnesses caused by long-term exposure are excluded from repose laws unless lawmakers specifically include them.
Because the North Carolina legislature has not expanded its statutes to include disease claims, Exxon’s defense failed. The court denied Exxon’s motion to dismiss.
Why This Lawsuit Matters for Benzene Victims
The Dickerson Order represents a significant victory for workers and families affected by benzene exposure in North Carolina. Illnesses such as myelodysplastic syndrome (MDS), acute myeloid leukemia (AML), and aplastic anemia often take years, or even decades, to develop after exposure.
By reaffirming that corporations cannot use arbitrary time limits to avoid accountability, the Order strengthens legal protections for people harmed by toxic chemicals. It ensures that individuals suffering from benzene-related illnesses still have a real opportunity to seek justice, regardless of how much time has passed since their exposure.
About Hughes Law Offices
If you or a family member has developed a benzene-related illness, it’s essential to understand how each state handles statutes of repose and disease exceptions. This is especially true if exposure occurred across multiple states.
At Hughes Law Offices, our benzene litigation attorneys represent workers and families nationwide who have developed MDS, AML, leukemia, and other blood disorders from benzene exposure. We investigate exposure histories, identify responsible companies, and fight tirelessly to hold them accountable.
📞 Call 1-800-BENZENE or visit www.BenzeneLawyers.com to schedule a free, confidential consultation.
[1]https://law.justia.com/cases/federal/district-courts/north-carolina/ncedce/2:2025cv00004/215572/34/
[2]https://www.iarc.who.int/news-events/iarc-monographs-evaluation-of-the-carcinogenicity-of-automotive-gasoline-and-some-oxygenated-gasoline-additives/
[3] https://law.justia.com/cases/north-carolina/supreme-court/1992/139pa91-0.html
[4] https://law.justia.com/cases/north-carolina/supreme-court/1985/239pa84-0.html
[5] https://law.justia.com/cases/federal/appellate-courts/F2/790/30/8188/
[6]https://law.justia.com/cases/federal/appellate-courts/ca4/15-1001/15-1001-2016-03-02.html
