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MERRY v. WESTINGHOUSE ELEC. CORP.

April 29, 1988

Linda Merry, et al., Plaintiffs
v.
Westinghouse Electric Corp., Defendant


William W. Caldwell, United States District Judge.


The opinion of the court was delivered by: CALDWELL

William W. Caldwell, United States District Judge.

 Introduction and Background

 Before the court is Westinghouse's motion for partial summary judgment alleging that certain plaintiffs' claims are barred by the applicable statutes of limitations. Westinghouse contends that response costs under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., incurred more than two years prior to the dates the plaintiffs became parties to this action are not recoverable. Westinghouse also asserts that all the non-minor plaintiffs' state law claims are barred by Pennsylvania's two year statute of limitations because the plaintiffs knew or should have known of the cause of their alleged harm more than two years before they filed suit.

 Discussion

 A. State Law Claims

 The applicable period of limitation for the plaintiffs' state law claims is two years as set forth in 42 Pa.C.S.A. § 5524, which provides as follows:

 
The following actions and proceedings must be commenced within two years:
 
(1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process.
 
(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.
 
(3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.
 
(4) An action for waste or trespass of real property.
 
(5) An action upon a statute for a civil penalty or forfeiture.
 
(6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on ...

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