Ky. Court Grants Motion to Dismiss, Cites Statute of Limitations
December 23, 2009
LOUISVILLE, Ky. -- A Kentucky federal court has granted a motion to dismiss brought by several benzene defendants, ruling that claims brought against the recently-added defendants are barred by the state's one-year statute of limitations. Jeffries, et al. v. Thermo Fisher Scientific, No. 07-192 (W.D. Ky.).
In an opinion issued Nov. 12 by the U.S. District Court for the Western District of Kentucky, the court additionally declined to apply the discovery rule to the proceedings, ruling that the purpose of the rule is not to toll the statute "indefinitely while a plaintiff seeks the identity of the person causing the …