Court Finds Diagnosis Triggered Statute of Limitations, Dismisses Claims

HATTIESBURG, Miss. -- A federal court has granted a motion to dismiss filed by Radiator Specialty and U.S. Steel in a Liquid Wrench case, finding that the claims brought by the plaintiff were time-barred. Wells, et al. v. Radiator Specialty, et al., No. 04-00389 (S.D. Miss.).

In the Feb. 9 opinion, the U.S. District Court for the Southern District of Mississippi opined that the three-year statute of limitations on the benzene plaintiff's claims began at the time of diagnosis.

Plaintiff Kathryn Wells brought the claims on behalf of Leslie Wells, who she claims was exposed to benzene while using Liquid …