Calif. Court: Disease That Preceded Asbestosis Diagnosis Did Not Trigger Limitations Statute
December 1, 2000
- Wagner Versus Apex Marine Ship Management Corporation
SAN FRANCISCO - The discovery of one asbestos-related disease does not trigger the statute of limitations for a seaman's claim under the Jones Act for damages he allegedly suffered as a result of a subsequent, separate illness, a California Court of Appeal has ruled. Wagner v. Apex Marine Ship Management Corp., No. A087349 (Calif. Ct. App.).
Reversing a state Superior Court decision to sustain several defendants' demurrer to Robert Wagner's third lawsuit stemming from the same alleged exposure, the First Appellate District said Wagner was timely in filing his complaint although he did so more than three years after learning …