D.C. Court Applies Discovery Rule to Reinstate Lawsuit by EPA Employee

WASHINGTON, D.C. - The District of Columbia's Court of Appeals reversed dismissal of a sick-building syndrome lawsuit on July 13, ruling that the statute of limitations was not triggered until there was some support from treating physicians for plaintiff's suspicions of what was making her ill. Brin v. S.E.W. Investors, et al., No. 02-CV-649 (D.C. Ct. App.).

The Court of Appeals said the statute of limitations issue is not settled in this case, but that the present record does not support dismissal.

Marla Brin sued S.E.W. Investors and other parties in September 1998, complaining of workplace exposure to mold, volatile …