Asher v. Unarco Material Handling, Inc.
(U.S. 6th Cir., Civil Procedure, Injury And Tort Law, Labor & Employment Law) In a suit brought by past and present Wal-Mart employees and their spouses, claiming injuries caused by exposure to carbon monoxide gas in the enclosed freezer section of a Wal-Mart Distribution Center during a two-week period in late 2005, dismissal of a second group of plaintiffs’ claims as time-barred is affirmed where: 1) new plaintiffs cite no authority permitting relation back to the filing date of the original plaintiffs’ claims under these circumstances; and 2) the district court did not err in holding that Kentucky’s “discovery rule” did not apply to toll the statute of limitations.
