In a case of first impression, the Delaware Superior Court has ruled that the state’s two-year statute of limitations in mass torts personal injury disputes is tolled until the resolution of parallel litigation in another jurisdiction. The court’s opinion allowed a plaintiff, who was allegedly exposed to a cancerous pesticide, to pursue a personal injury case against companies involved in the pesticide’s distribution less than two years after his claims were denied by a Texas court.
Judge Jerome O. Herlihy issued the August 8 opinion in Blanco v AMVAC Chemical.
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