Toxic Torts

G&S Obtains Summary Judgment Dismissing Various Toxic Exposure Claims as Time Barred

G&S recently obtained summary judgment dismissing various claims as time barred on behalf of several World Trade Center defendants. The plaintiff claimed he suffered various injuries due to his work cleaning the interior of buildings after the World Trade Center attacks. We argued that all of plaintiff’s 14 separate claims of injury were subject to the three year statute of limitation [CPLR 214-c(2)] which runs from the date of discovery of the injury or from the date the plaintiff should have discovered the injury, whichever is earlier. Plaintiff claimed that as a result of his post 9/11 work he developed a number of symptoms including coughing, chest pressure, headaches, throat irritation, nasal congestion, heartburn, shortness of breath, trouble sleeping, and psychological problems, among others. We argued that all of his injures were linked to at least one of these symptoms prior to December 17, 2004, three years prior to the…Read More