Dismissal of Asbestosis, Lung Cancer Suit Upheld by Miss. Supreme Court on Statute of Limitations Grounds

JACKSON, Miss. –– The dismissal of an asbestos suit against Illinois Central Railroad has been upheld by a Mississippi appellate court, which found that the statute of limitations had expired by the time the children of the decedent filed their complaint.

In the April 24 opinion, the Mississippi Supreme Court opined that the plaintiffs had “slept on their rights” when they failed to timely substitute a party in for their mother, who had filed a previous lawsuit on behalf of their father before passing away herself.

The plaintiffs asserted the claims on behalf of Harold E. Burch, contending that the …