Williams v. Clark Sand Company, Inc.
This case was a latent-injury silicosis case filed against a Florida corporation that was dissolved. The issue this case presented for the Mississippi Supreme Court's review centered on whether the Florida corporate-survival statute applied to a Mississippi plaintiff, or whether the discovery rule for latent injuries permitted claims to be brought against the foreign corporation after dissolution. Sixteen plaintiffs sued Clark Sand Company, Inc. more than four years after the corporation’s dissolution. The circuit court judge sustained Clark Sand’s motion for summary judgment. "At common law, when a corporation dissolved, it no longer existed, and it could not be sued. But because of the harshness of this rule, Florida, like most states, has adopted a corporate-survival statute that allows plaintiffs to bring suit against a Florida corporation for up to four years after dissolution." Finding no error, the Supreme Court affirmed. View "Williams v. Clark Sand Company, Inc." on Justia Law