Hmmmmmm. I don’t understand why this was filed in the first place if it was beyond the statute of limitations.
Justin didn't file his suit until after his case was dismissed. The dismissal put the lie to Murtha and the date of the dismissal could be seen as the date of the injury, not when Murtha actually spoke the words. The dismissal was July '07 IIRC, and Justin's suit was filed in Sept. '08.