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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

MARK ISON, et al., MATTHEW BOWEN, et al., MICHAEL BROWN, et al., Plaintiffs, v.

E.I. DuPONT DE NEMOURS AND COMPANY, Defendants.

) ) ) ) ) ) C.A. No. 97C-06-193 CHT ) C.A. No. 97C-06-194 CHT ) C.A. No. 97C-07-113 CHT ) ) ) ) )

OPINION AND ORDER On the Defendant's Motion to Dismiss Based on Statute of Limitations Submitted: March 28, 2002 Decided: April 25, 2002 Amended: April 29, 2002 (Pages 1, 12 & 13)

Thomas Crumplar, Esquire, Robert Jacobs, Esquire, Vincent J. X. Hedrick, II, Esquire, JACOBS & CRUMPLAR, P.A., 2 East 7 th Street, P.O. Box 1271, Wilmington, Delaware 19899; and James L. Ferraro, Esquire, Ana Rivero-Alexander, Esquire, FERRARO and ASSOCIATES, P.A., 200 South Boulevard, Suite 3800, Miami, Florida 33131, Attorneys for the Plaintiffs. James W. Semple, Esquire, MORRIS JAMES HITCHENS & WILLIAMS, LLP, 222 Delaware Avenue, P.O. Box 2306, Wilmington, Delaware 19899; and Patrick W. Lee, Esquire, William L. Anderson, Esquire, CROWELL & MORING LLP, 1001 Pennsylvania Avenue, N.W., Washington, D.C. 20004-2595, Attorneys for the Defendant.

TOLIVER, JUDGE

FACTS

The Plaintiffs are a group of eight children, along with their parents, who were born with medical conditions known as anophthalmia and microphthalmia.
Children afflicted with

anophthalmia are born with no eyes and children afflicted with microphthalmia are born with very small eyes.

The lawsuits

allege that these conditions were caused by exposure to a fungicide, known as Benlate, which is produced by the

Defendant. Specifically, the mothers of the affected children were exposed to Benlate at some point during their pregnancies with those children. The Defendant filed the instant motion seeking a

dismissal of seven of the eight lawsuits filed. The basis for this motion is the two-year statute of limitations for

personal injury actions as codified at 10 Del. C.

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