STORY FROM: Benzene & Emerging Toxic Torts Litigation

Calif. Court Reverses Denial of Motion Seeking Dismissal of Diacetyl Case; Rules Claims Time-Barred

LOS ANGELES –– A California appellate court has reversed an order denying a motion for summary judgment in a diacetyl exposure lawsuit, finding that the plaintiff reasonably should have been aware that his lung injury was, at least in part, caused by occupational exposure more than two years before he filed his complaint.

In the Oct. 8 opinion, the California Second District Court of Appeal, Division Four, opined that a series of tests conducted from 2005 to 2007 led the plaintiff to seek a consultation with a pulmonologist who “clearly explained to [the plaintiff] that he had lung disease.”

The ...

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