Plaintiff Says Diagnosis, Not Prior Silica Settlement, Triggers Statute

BEAUMONT, Texas - A silica plaintiff is arguing that a prior lawsuit in which he alleged silica-related injuries without a definitive diagnosis, and reportedly accepted settlement proceeds from a defendant in the case, did not trigger the statute of limitations for a separate suit filed several years later. Urieta v. Sermatech International Inc., et al., No. E-0165082 (Texas Dist. Ct., Jefferson Cty.).

In a Dec. 30 response to a motion for summary judgment filed by defendant American Optical Corp., plaintiff Santiago Urieta contends that the statute of limitations did not begin to run for the instant suit until he was …