N.C. Plaintiff Says Limitations, Repose Statutes Inapplicable to Silica Case

CHARLOTTE, N.C. -- A plaintiff in a North Carolina silica suit has responded to a defense motion for summary judgment, questioning allegations that the case should be dismissed as untimely under both the statute of limitations and statute of repose. Simpson, et al. v. Air Liquide America, et al., No. 09-172 (W.D. N.C.).

John Parks Simpson, who has filed a claim for lung cancer and silicosis in U.S. District Court for the Western District of North Carolina said in an Oct. 8 brief that the limitations period for his complaint was tolled by the dismissal of suits in Texas and …