Johnny Ward Putnam v. Bayer A.G., et al, No. 11-12999 (11th Cir. 2012)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT APRIL 24, 2012 JOHN LEY CLERK No. 11-12999 ________________________ D.C. Docket Nos. 1:08-md-01928-DMM, 9:08-cv-81432-DMM JOHNNY WARD PUTNAM, lllllllllllllllllllllllllllllllllllllll l Plaintiff-Appellant, versus BAYER A.G., et al., llllllllllllllllllllllllllllllllllllllll Defendants, BAYER CORPORATION, lllllllllllllllllllllllllllllllllllllll ________________________ lDefendant-Appellee. Appeal from the United States District Court for the Southern District of Florida ________________________ (April 24, 2012) Before HULL and COX, Circuit Judges, and BOWEN,* District Judge. * The Honorable Dudley H. Bowen, Jr., United States District Judge for the Southern District of Georgia, sitting by designation. PER CURIAM: After review and oral argument before this Court, we conclude that PlaintiffAppellant Johnny Ward Putnam has shown no reversible error in the district court s order, dated 27 May 2011, granting summary judgment in favor of Defendant-Appellee Bayer Corporation on all of Putnam s claims, based on Mississippi s statutes of limitation. The district court did not err in finding that, as a matter of law, Putnam failed to show that the relevant Mississippi limitation periods were tolled based on theories of fraudulent concealment and/or discovery of latent injury. AFFIRMED. 2
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