Fla. Appeals Court Dismisses Negligence Suit as Untimely

DAYTONA BEACH, Fla. - A Florida appeals court has affirmed dismissal of a prisoner's negligence claim against the state for his alleged exposure to welding fumes, finding that a one-year statute of limitations for actions related to conditions of confinement applied. Nicarry v. Eslinger, No. 5D07-4165 (Fla. Ct. App., 5th Dist.).

Ruling on an issue of first impression, the Fifth District Court of Appeal on Sept. 12 rejected Neal E. Nicarry's assertion that the state's four-year limitations period for negligence claims should apply rather than the shorter term for prisoner lawsuits.

Neal E. Nicarry alleges that he was exposed to …