Silica Plaintiff Challenges Ala. Law on Toxic Tort Accrual

TALLADEGA, Ala. - The widow of a former sandblaster is urging a trial court to overturn Alabama law that she says requires toxic tort plaintiffs to file claims before they actually accrue, saying that failure to do so would deprive her of due process. Elston v. Empire Abrasive Equipment Co., No. 07-900017 (Ala. Cir. Ct., Talladega Cty.).

In a brief filed July 25 in Talledaga County Circuit Court, Doris J. Swain Elston contends that if the trial court follows Alabama case law and its own decisions on related issues it will effectively have found that Elston was not permitted to …