Hawkins Parnell Secures Early Dismissal in New Jersey Mesothelioma Case
January 28, 2022 (New Brunswick, NJ) – Hawkins Parnell & Young attorney Jacob Reichman successfully petitioned the Superior Court of New Jersey to dismiss a claim before any discovery. Judge Ana Viscomi ruled the lawsuit against client Tecumseh Products was filed after the two-year statute of limitations.
Plaintiff initially filed a complaint in New York in 2018 after being diagnosed with mesothelioma the prior year. After Hawkins Parnell secured a dismissal for lack of jurisdiction, the plaintiff re-filed in New Jersey in 2021. Hawkins Parnell asserted the two-year statute of limitations for personal injury suits in New Jersey prevented this case from moving forward. Plaintiff's counsel, Weitz & Luxenberg P.C., argued the statute of limitations was tolled while the New York matter was appealable. Judge Viscomi, citing Mitzner v. West Ridgelawn Cemetery,311 NJ Super 233 (App.Div. 1998), agreed with the defense that the plaintiff still failed to file the New Jersey matter within the time for appealing the New York dismissal. Hawkins Parnell was the only firm to file this motion early in the litigation.
The case is Graul v. Briggs & Stratton ,Superior Court of New Jersey, Middlesex County, Case No. MID-L-1909-21AS.