Court: Plaintiffs Failed to Investigate Possible Claims, Summary Judgment Affirmed

SEATTLE - A Washington Appellate Court has upheld an award of summary judgment to defendants in an asbestos-related matter, ruling that the plaintiffs violated the statute of limitations by failing to investigate the possibility of a claim. Clare v. Saberhagen Holdings, et al., No. 52871-8-I (Wash. Ct. App.).

In a Feb. 7 decision, the Washington Court of Appeals found that an entry in the plaintiff's medical record noting that his work as an auto mechanic most likely exposed him to asbestos-containing brake dust was sufficient to put the plaintiffs on notice of a possible tort claim.

The plaintiffs contended that …