4th Circ. Nixes Wrongful Death Claim In Bayer Plant Blast

Law360, New York (March 13, 2012, 1:32 PM EDT) -- The Fourth Circuit tossed a wrongful death claim against Bayer CropScience LP stemming from a 2008 chemical plant explosion on Monday, agreeing with a lower court the claim was brought too late.

The decision comes more than five months after a West Virginia federal judge granted summary judgment to Bayer on Warne Ferguson's claim over the death of his wife, Gail Marie Ferguson, whose health was allegedly damaged by the explosion at the chemical facility in Institute, W.Va., and the intense fire that it sparked....
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Case Title

Ferguson v. Bayer CropScience, L.P.


Case Number

2:11-cv-00087

Court

West Virginia Southern

Nature of Suit

Environmental Matters

Judge

Joseph R. Goodwin

Date Filed

February 8, 2011

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