The Nevada Supreme Court has reversed the dismissal of the case
Adkins, et al. vs. Union Pacific Railroad Company, et al., allowing
the plaintiffs, represented by Joel
Henriod and Erica Entsminger
of Eglet Adams Eglet Ham Henriod, to proceed with their claims. The
case, involving personal injury and wrongful death claims due to
toxic chemical exposure at the Clark County Government Center, can
now move forward to discovery and trial. The Court's decision
emphasized the applicability of the discovery rule and equitable
tolling, allowing the plaintiffs' claims despite the initial
statute of limitations dismissal. This ruling is a significant
victory for the plaintiffs and reinforces the protection of
individuals harmed by corporate negligence.
LAS
VEGAS, Aug. 17, 2024 /PRNewswire-PRWeb/ -- In a
significant victory for the plaintiffs, the Nevada Supreme Court
has reversed a lower court's dismissal of the case Adkins, et al.
vs. Union Pacific Railroad Company, et al., and ruled in favor of
the injured plaintiffs represented by appellate attorneys
Joel Henriod and Erica Entsminger of the law firm Eglet Adams
Eglet Ham Henriod.
The case that was filed by pro hac vice attorney Lindsay Dibler of Missouri and local counsel Craig Mueller, involving personal injury and
wrongful death claims arising from exposure to toxic chemicals in
the Clark County Government Center (CCGC) that caused numerous
Clark County employees to contract
terminal cancer and led to multiple employee deaths, may now
proceed to discovery and trial following this critical decision.
The plaintiffs brought claims against Union Pacific Railroad who
previously owned the property, the manufacturers of polychlorinated
biphenyls (PCBs) (all Monsanto companies), and those who were
involved with the associated CalNev Pipeline. Plaintiffs seek
damages for current and former CCGC employees exposed to toxic
chemicals present in and around the CCGC building.
The case was initially dismissed by the Eighth Judicial District
Court in Clark County on the
grounds that the plaintiffs' claims were barred by the statute of
limitations. However, the Nevada Supreme Court reversed that
decision on August 15, 2024,
concluding that the discovery rule and the doctrine of equitable
tolling may toll the two-year statute of limitations in situations
where the plaintiffs were unaware of their claims because they
never knew about the toxins in the soil under the building, or that
their illnesses were diagnosed years after working in the building,
or of the potential connection between the toxins and their
illnesses. The complaint also alleges that supervisors
in the building had deflected employee complaints and concerns over
the years and no one ever informed workers about the contaminated
ground.
The Court's ruling emphasized that, even with diligent
investigation, the plaintiffs might not have reasonably discovered
the facts supporting their cause of action earlier. This decision
aligns with prior precedent and reinforces the application of the
discovery rule to personal injury cases in Nevada.
"This ruling affirms the courthouse will not be shut to victims
simply because they receive their diagnoses and learn the cause of
their illnesses more than two years after first exposure to toxic
chemicals, especially when they've been told there is no problem,"
said Joel Henriod, a partner at
Eglet Adams Eglet Ham Henriod. Erica
Entsminger, also representing the plaintiffs, added, "This
victory is not just for our clients, but for all individuals who
have been wronged by corporate negligence and have been unfairly
denied justice due to technicalities like the statute of
limitations."
This decision marks a critical step forward for the plaintiffs
in their fight against those responsible for the toxic exposure
that has caused so much harm in the community.
Senior Partner Robert Eglet,
ranked among the top five trial lawyers in America, will serve as
lead trial counsel in this case. He has twice secured the largest
verdicts in the country and has been honored as Nevada Trial Lawyer of the Year on two
occasions, National Lawyer of the Year in 2010, and National Trial
Lawyer of the Year in 2014.
The Law Office of Eglet Adams Eglet Ham Henriod is one of the
most successful and well-respected catastrophic injury trial firms
in the country. The firm handles injuries that involve defective
products, pharmaceutical negligence, sexual assaults, vehicular
negligence, insurance bad faith, wrongful death, and mass torts.
Eglet Adams Eglet Ham Henriod is known for its tireless advocacy on
behalf of injured clients and its success in securing
record-breaking verdicts and settlements. In 2023, the firm, on
behalf of the State of Nevada and
local governments, settled much of the opioid litigation for
$1.145 billion, achieving a larger
per capita settlement amount than any other state in the
country.
Media Contact
Jordan Miszlay, Eglet Adams Eglet
Ham Henriod, 1 7024505400, jmiszlay@egletlaw.com,
http://egletlaw.com/
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