Safety-Kleen Seeks Dismissal on Statute of Limitations Grounds

PHOENIX -- Safety-Kleen is seeking the dismissal of a benzene action, contending that physician records and plaintiff testimony indicate that the plaintiffs should have reasonably known that benzene might have caused the alleged injury five years before the complaint was filed. Overson v. Berryman Products, et al., No. 06-2880 (D. Ariz.).

In the March 9 filing in the U.S. District Court for the District of Arizona, the defendant claims that the lawsuit should be dismissed as it violates the state's two-year statute of limitations.

Rock and Cyndee Overson claim that Rock's exposure to benzene-containing products during the course of his …