Silica Plaintiff Says Dismissal Based on Medical Criteria Law Tolls Limitations Period

GREENEVILLE, Tenn. - A Tennessee man who re-filed a silica case after his initial claim was dismissed for failure to meet statutory minimum medical criteria is challenging a defense motion to dismiss on statute of limitations grounds, saying the new complaint is timely because it includes evidence that he now suffers from impairment as a result of his lung condition. Walker v. Moldex-Metric Inc., et al., No. 10-164 (E.D. Tenn.).

Julius Walker says in a Nov. 17 response to respirator manufacturer Moldex-Metric's motion for judgment on the pleadings that the defendant misrepresents Tennessee law when it claims that the case …