3M Says Silica Case is Time-Barred Despite New Accrual Rule

COLUMBIANA, Ala. - A recent Alabama Supreme Court decision adopting a more liberal accrual rule for toxic exposure cases cannot save a wrongful death silica claim that was filed before the ruling was issued, defendant 3M says in a recent motion to dismiss. Lee v. 3M Corp., et al., No. 07-900524 (Ala. Cir. Ct., Shelby Cty.).

Arguing that the claim is time-barred, 3M maintains in its June 30 pleading filed in Shelby County Circuit Court that even if the new rule applied to plaintiff Flora Lee's lawsuit, the case should still be dismissed because it was filed more than two …