Plaintiff With History of X-ray Abnormalities Beats Limitations Argument

ST. LOUIS - A silica plaintiff who filed a lawsuit only after his lung condition had progressed to the point where a physician was convinced the injury was occupationally related did not violate the five-year statute of limitations, despite X-ray findings years before that may have been consistent with silicosis, a federal judge has ruled. Parker v. 3M Co., No. 05-1358 (E.D. Mo.).

Rejecting a 3M Co. motion for summary judgment on the limitations issue, Judge Thomas C. Mummert III of the U.S. District Court for the Eastern District of Missouri held that form GAF laborer Dwight Parker may proceed …