Background: Decades of Benzene Exposure
1955–1959: Exposure at a Sinclair Gas Station
Robert Dickerson spent the early part of his career working at a Sinclair gas station, where he routinely handled fuels, solvents, and degreasers. Gasoline is now classified as a Group I carcinogen, meaning it is known to cause cancer in humans.2
1965–2006: Exposure at Weyerhaeuser
For more than 40 years, Mr. Dickerson worked at Weyerhaeuser, where benzene-containing products—such as Varsol, toluene, xylene, and mineral spirits—were used daily throughout the facility. Many of these products were manufactured or distributed by Exxon Mobil or its predecessors.
Diagnosis and Injury
- 2017: Mr. Dickerson was diagnosed with MDS, a blood disorder strongly associated with chronic benzene exposure.
- 2023: He passed away due to complications of the disease.
The Legal Fight: Statute of Limitations vs. Statute of Repose
Mr. Dickerson first filed suit in Philadelphia County in 2019—within two years of his diagnosis. After that case was dismissed for jurisdictional reasons, his family refiled in North Carolina in early 2025.
Exxon argued that the claims should be dismissed as untimely under North Carolina’s statute of limitations and statutes of repose:
Statute of Limitations
- Sets the period of time a person has to file a lawsuit after the injury becomes known.
- In North Carolina, a plaintiff generally has three years from the date the injury becomes known to file a personal injury lawsuit.
Statutes of Repose
- These impose absolute filing deadlines tied to the defendant’s last culpable act or omisssion—not the date of injury.
- North Carolina’s product-liability and personal-injury repose statutes (N.C. Gen. Stat. §§ 1-50(a)(6) and 1-52(16)) cap claims at six or ten years, even if the disease appears much later.
Because Mr. Dickerson’s benzene exposure ended around 2006, Exxon claimed the lawsuit was filed too late.
The Court’s Decision: A Victory for Benzene Victims
The court rejected both of Exxon’s arguments, relying on long-standing North Carolina precedent protecting workers with latent occupational diseases.
1. Disease 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.
2. Statutes of Repose Do Not Apply to Disease Cases
The judge emphasized that North Carolina’s repose statutes were never intended to bar disease claims, relying on:
- Wilder v. Amatex Corp. (1985)4
- Hyer v. Pittsburgh Corning Corp. (4th Cir. 1986)5
- Stahle v. CTS Corp. (4th Cir. 2016)6
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 the Dickerson Case Matters for Benzene Exposure Victims
This Order is a major development for individuals facing diseases that may take decades to develop. Conditions such as MDS, AML, leukemia, and aplastic anemia often emerge long after benzene exposure ends.
The ruling:
- Strengthens protections for workers harmed by toxic chemicals
- Prevents corporations from using rigid time limits to escape accountability
- Ensures that victims can still pursue justice — even many years after exposure
For families impacted by benzene-related illnesses, this decision underscores the importance of speaking with a law firm familiar with statutes of repose, occupational exposure histories, and complex multi-state claims.
About Hughes Law Offices
At Hughes Law Offices, we represent workers and families nationwide who have been diagnosed with:
Our attorneys investigate exposure sources, identify responsible companies, and pursue compensation for medical costs, lost income, and wrongful death.
Get Help With a Benzene Exposure Lawsuit
If you or a loved one has developed a benzene-related disease, don’t wait to learn your legal options. It’s essential to understand how each state handles statutes of repose and disease exceptions—especially if exposure occurred across multiple states.
Call 1-800-BENZENE or visit BenzeneLawyers.com for a free, confidential consultation.
Our team will review your work history, determine potential exposures, and explain your rights.
