(CN) – A Hair Club for Men stylist waited too long to sue over her alleged exposure to chemicals that caused her to contract lupus, a New York appeals court ruled.
Maria Frumento left her job as a stylist when she developed a form of lupus, a disease in which the immune system attacks the body’s own tissues. She filed a product liability and negligence lawsuit against On Rite Co., which manufactures one of the chemicals used at the Hair Club’s hair-loss treatment centers.
The Second Appellate Division upheld the trial court’s ruling for On Rite on the basis that the filing deadline had passed.
“The plaintiff here cannot avoid the applicable three-year limitations period by asserting a cause of action to recover damages for fraud or fraudulent misrepresentation, which, if colorable at all, was merely incidental to the claims based on negligence and strict products liability,” Justice William Mastro wrote.