Employer Granted Motion to Dismiss in Toxic Tort Lawsuit
by
Joseph C. Maya on May. 03, 2017
Employment Accident & Injury Household Mold Accident & Injury Wrongful Death
Summary: Blog post about a case involving a wrongful death claim against an employer that was allegedly caused by toxic substances in the workplace.
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Plaintiffs, surviving spouses and representatives of the estates of deceased former employees, appealed a judgment from a trial court (Connecticut), which granted in part defendant employers' motion to strike wrongful death claims on the ground that the action was time-barred under Conn. Gen. Stat. § 52-555.
The complaint alleged that toxic substances in the workplace had caused the decedents' deaths from chemical poisoning and cancer. The motion to strike asserted that the action was untimely because it was brought on behalf of decedents who either had died more than two years before the action was filed or had ceased working for the employers more than five years before the action was filed. The court held that Conn. Gen. Stat. § 52-577c(b), the statute of limitations for personal injury or property damage caused by toxic substances, did not preempt Conn. Gen. Stat. § 52-555. In addition, § 52-555 was not preempted by 42 U.S.C.S. § 9658(a)(1), which specified the applicable limitations period for actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.S. § 9601 et seq. Toxic exposure solely within a workplace was excluded from CERCLA's definition of the term "release," as provided in § 9601(22). Although the complaint alleged that toxic particles clung to the decedents' clothing and were carried into their cars and houses, such enclosed areas were not considered to be part of the environment for purposes of 42 U.S.C.S. § 9658(a)(1).
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: Greco v. United Techs. Corp., 277 Conn. 337, 890 A.2d 1269, 2006 Conn. LEXIS 56 (Conn. 2006)