Survival Claims Dismissed as Untimely; Court Allows Wrongful Death Claim

JACKSON, Miss. -- A Mississippi federal court has dismissed a variety of claims filed in a benzene case, enforcing the state's interpretation that the statue of limitations begins to run when the plaintiff is diagnosed with an illness, not when the cause is discovered. Pounds, et al. v. Rogersol Inc., et al., No. 07-554 (S.D. Miss.).

In the March 5 decision, the U.S. District Court for the Southern District of Mississippi did allow the plaintiff to proceed with a wrongful death claim, ruling that it was filed within the requisite three-year period.

The underlying complaint was filed by John Pounds …