Asher v. Unarco Material Handling, Inc.

OPINION

GRIFFIN, Circuit Judge.

In this diversity suit, plaintiffs, who are past and present Wal-Mart employees and their spouses, allege injuries caused by exposure to carbon monoxide gas in the enclosed freezer section of a Wal-Mart Distribution Center during a two-week period in November and December 2005. One group of plaintiffs — the original plaintiffs — filed suit within one year of the date of last exposure to the gas, while the other group of plaintiffs — the new plaintiffs — did not. In this appeal, the new plaintiffs challenge the district court’s dismissal of their claims as…