Discovery Rule Fails to Save Miner’s Product Defect Suit Against 3M, Mine Safety

PIKEVILLE, Ky. — A federal judge has ruled that a former miner could have discovered possible claims against respirator-makers 3M Co. (NYSE: MMM) and Mine Safety Appliances (NYSE: MSA) when he was diagnosed with silicosis in 1981 but his failure to investigate renders his 2012 product liability lawsuit untimely.

Judge Amul R. Thapar of the U.S. District Court for the Eastern District of Kentucky granted defendants’ motion for summary judgment July 5, rejecting plaintiff Donnie Adams’ argument that Kentucky’s discovery rule tolled the commonwealth’s one-year statute of limitations.

Adams filed the lawsuit against 3M Company and Mine Safety in June …