Stahle v. CTS Corp., No. 15-1001 (4th Cir. 2016)Annotate this Case
Plaintiff, diagnosed with leukemia, filed suit against CTS, alleging that CTS was responsible for dumping toxic solvents from an Asheville-area manufacturing plant into a local stream, and that childhood exposure to the contaminated stream water many years ago caused his leukemia. The district court dismissed the complaint, holding that North Carolina General Statutes Section 1-52(16) barred his action. The court concluded that the Supreme Court of North Carolina has not yet directly resolved whether Section 1-52(16) applies to disease claims. Because the court understood that under North Carolina law a disease is not a “latent injury,” the court concluded that the Supreme Court of North Carolina would not find Section 1-52(16) applicable to plaintiff’s claim. Accordingly, the court reversed and remanded for further proceedings.