Calif. Appellate Court Affirms Order Rejecting Diesel Exhaust Fume Exposure Claims as Untimely

SANTA ANA, Calif. –– A California appellate court has upheld denial of a plaintiffs’ request to file a late claim based on alleged exposure to diesel exhaust fumes, finding the plaintiffs knew about their alleged injuries for as long as eight years before filing a claim.

In the July 23 opinion, the California 4th District Court of Appeal, Division 3, rejected the plaintiffs’ reliance on the delayed discovery doctrine, pointing instead to emails written to the city’s fire chief regarding the potential exposure.

The underlying claims were filed by Trace and Robert Klug, who contended that they suffered health …