Monday, April 28, 2014

Statute of limitations in a toxic exposure action.

Practice point:  The statute of limitations began to run when plaintiff discovered the primary condition on which his claim is based, and not when he discovered the causation connection to the toxic substance.

Student note: Plaintiff's uncertified medical records may be considered since plaintiff does not dispute their accuracy or veracity, pursuant to CPLR 4518[c]. He only disputes the inferences to be drawn from the records as to the date on which his condition was sufficiently apparent to start the running of the limitations period.

Case:  Ward v. Lincoln Elec. Co., NY Slip Op 02668 (1st Dept. 2014)

Here is the decision.

Tomorrow's issue: A motion to dismiss for failure to state a cause of action.