Justia Class Action Opinion Summaries

Henry Morgan, Sr. filed a personal-injury suit against eighty-eight defendants, claiming injuries related to silicosis. Morgan, Sr., died while the personal-injury case was pending, and the case eventually was dismissed. More than three years after Morgan, Sr.'s death, his son, Henry Morgan, Jr., filed a wrongful-death suit individually and on behalf of all wrongful-death beneficiaries of Morgan, Sr. The defendants filed a motion for summary judgment based on the running of the statute of limitations. The trial court denied the motion. Because the wrongful-death suit was filed more than three years after the death of Morgan, Sr., the statute of limitations barred any wrongful-death and survival claims. Accordingly, the Supreme Court reversed the trial court’s judgment and render judgment in favor of the defendants. View "Empire Abrasive Equipment Corp. v. Morgan" on Justia Law