Ill. Court Says Negligence Claims Not Subject to State's Statute of Repose

CHICAGO -- An Illinois federal court has ruled that benzene claims are not barred by the state's statute of repose because they are negligence-based claims, which are not subject to that statutory limitation. Hite, et al. v. Apex Oil Co., et al., No. 09-3454 (N.D. Ill.).

In the Feb. 11 opinion, the U.S. District Court for the Northern District of Illinois noted that while the state legislature attempted to amend the act to include personal injury claims based in negligence, that amendment was declared unconstitutional by the Illinois Supreme Court.

The plaintiffs contend that William P. Hite was exposed to …