STORY FROM: Benzene & Emerging Toxic Torts Litigation

Ky. Court Throws Out Benzene-Related Suit, Says Claims are Time-Barred

LOUISVILLE, Ky. –– A Kentucky federal court has dismissed a benzene complaint, finding that the claims were time-barred since they were asserted “well outside of the maximum limitations period.”

In the Nov. 21 opinion, the U.S. District Court for the Western District of Kentucky further explained that the plaintiff did not allege that the decedent suffered from radiation or asbestos-related diseases which extends the time for filing workers’ compensation claims.

The plaintiff asserted the claims on behalf of Billy Jo Bryan, contending that his work for Gates Rubber Co. for more than 20 years caused him to encounter benzene-containing products. ...

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