Plaintiff's Retrospective Opinion Doesn't Toll Statute of Limitations, N.Y. Court Rules

ROCHESTER, N.Y. -- A New York court has denied a defense motion to dismiss an asbestos exposure lawsuit, ruling that the reliance of the defendants on the plaintiff's hindsight opinion that earlier symptoms her husband exhibited were probably related to asbestos exposure failed to prove the statute of limitations should have been tolled. In re: 7th Judicial District Asbestos Litigation, No. 12332/02 (N.Y. Sup. Ct., 7th Jud. Dist.).

In an Aug. 23 opinion, the 7th Judicial District of the New York Supreme Court also found that the defendants presented no evidence that the plaintiff had knowledge of X-rays that suggested …