STORY FROM: Benzene & Emerging Toxic Torts Litigation
W. Va. Court Upholds Summary Judgment on Limitations Issue
December 30, 2005
CHARLESTON, W.Va. -- A West Virginia Appellate Court has affirmed an award of summary judgment to several defendants, finding that the benzene plaintiff had in fact violated the statute of limitations. Goodwin v. Bayer Corp., et al., No. 32654 (W.Va. Sup. Ct. App.).
The Dec. 9 decision by the Supreme Court of Appeals opined that the plaintiff's own suspicions about the cause of his illness were enough to put him on notice of a possible lawsuit.
'This Court has repeatedly stated that the statute of limitations begins to run when a plaintiff has knowledge of the fact that something is ...