Chambers v. Figgie International, Inc.

SHRUM, Judge.

In this declaratory judgment action the plaintiff asked the trial court to determine the applicability of a statute of limitations defense to his contemplated personal injury action against the defendants.1 Although the plaintiff intended this suit to be the forerunner to a later action in which he would claim that his employer committed an intentional tort against him, thereby allowing him redress outside The Workers’ Compensation Law, chapter 287,2 the trial *170court never reached the statute of limitations question because the trial court, following Killian v. J & J Installers,…