Ala. High Court Says Welding Claims Timely, but Limits Available Damages

ATLANTA - The Alabama Supreme Court has responded to questions posed by the Welding Fumes MDL and held that while a plaintiff's lawsuit was clearly filed within the applicable limitations period, damages would be limited to injuries that occurred during the same time frame. Jerkins v. Lincoln Electric Co., et al., No. 1091533, Oct. Term, 2010-2011 (Ala. Sup. Ct.) [No. 1: 04-cv-18810 (N.D. Ohio)].

Judge Kathleen M. O'Malley of the U.S. District Court for the Northern District of Ohio, who presides over the Welding Fumes Products Liability Litigation MDL, has ordered plaintiff Charles E. Jerkins Jr. and the defendant welding …