Repealed Statute of Repose Doesn't Bar Vermont Man's Silicosis Claim, Court Says

MONTPELIER, Vt. - A Vermont man whose silicosis claim began accruing before the Legislature replaced the state's five-year statute of repose with a two-year discovery rule may proceed with his claim because it had not lapsed by the time the change was instituted, the Vermont Supreme Court has held. Murray v. Luzenac Corporation, No. 2002-140 (Vt. Sup. Ct.).

The decision, entered March 27, affirms a decision by the Commissioner of Labor and Industry to award summary judgment in the case to plaintiff John Murray. A former employee of the Luzenac Corporation, Murray developed silicosis after years of occupational talc exposure. …