Survival, Not Wrongful Death Meso Action Barred by Statute, Court Holds

FRANKFURT, Ky. - A wrongful death action filed on behalf of the surviving family of a former railworker who died from mesothelioma is not barred by the statute of limitations where the decedent never exercised his right to file a claim while he was alive, and the wrongful death action was filed within three years of the worker's death. Heizer v. Cincinnati, New Orleans and Pacific Railway Co., et al., No. 2003-CA-000922-MR (Ky. Ct. App.).

The decision, reached Aug. 6, but the Kentucky Court of Appeals, reverses a decision by a trial court that dismissed the wrongful death action as …