(DOWNLOAD) "Anthony Marinari v. Asbestos Corporation" by Supreme Court of Tennessee # Book PDF Kindle ePub Free
eBook details
- Title: Anthony Marinari v. Asbestos Corporation
- Author : Supreme Court of Tennessee
- Release Date : January 01, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
The general issue in this asbestos exposure action is whether Pennsylvania, in the context of asbestos actions, shall be a one-disease or two-disease state. More specifically, the issue is whether the two year statute of limitations, 42 Pa.C.S. ? 5524(2), bars an action for lung cancer where the action was filed within two years of the cancer diagnosis but four years after asymptomatic pleural thickening had been discovered on x-ray. After lengthy, careful consideration and research, we conclude that Pennsylvania must join a majority of jurisdictions which have adopted a "separate disease" rule in asbestos exposure actions. Plaintiffs discovery of a nonmalignant, asbestos related lung pathology, whether or not accompanied by clinical symptoms of impaired pulmonary function, does not trigger the statute of limitations with respect to an action for a later, separately diagnosed, disease of lung cancer.
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