UNDER THE JONES ACT THE STATUTE OF LIMITATIONS APPLYS TO EACH ASBESTOS RELATED DISEASE SEPARATELY.
ROBERT WAGNER, Plaintiff and Appellant, v. APEX MARINE SHIPMANAGEMENT CORPORATION et al., Defendants and Respondents.
A087349
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT,DIVISION TWO
83 Cal. App. 4th 1444; 2000 Cal. App. LEXIS 781; 100 Cal.Rptr. 2d 533; 2000 Cal. Daily Op. Service 8248; 2000 Daily Journal DAR 10919
October 4, 2000, Filed
OVERVIEW: Plaintiff appealed the trial court's decision, sustaining, without leave to amend, the demurrer of defendants in plaintiff's asbestos action brought pursuant to the Jones Act. The trial court found plaintiff's claims to be untimely pursuant to the applicable statute of limitations. However, plaintiff alleged on appeal that because he claimed to have suffered from two distinct asbestos-related diseases, with the later-discovered illness forming the basis of his claim against defendants, the trial court should have found his claim timely under the Jones Act. The court reversed the trial court's decision and remanded. Each disease resulting from asbestos exposure triggered anew the running of the statute of limitations. Accordingly, plaintiff had stated a timely claim for his later-discovered asbestos-related disease.
OUTCOME: Trial court's decision was reversed and case was remanded. Each disease resulting for asbestos exposure triggered anew the running of the statute of limitations, such that plaintiff had stated a timely claim for the latter of two asbestos-related diseases suffered by him.
