Covalt v. Carey Canada, Inc.

Covalt v. Carey Canada, Inc., 894 F.2d 1338 (7th Cir. 1990) · United States Court of Appeals for the Seventh Circuit · January 17, 1990 · No. 88-1828

Summary

In this asbestos personal injury action, the Seventh Circuit affirmed the district court's dismissal of the plaintiff's claims as barred by Indiana's two-year statute of limitations. The court held that the plaintiff knew or should have known of his injury and its cause more than two years before filing suit, under the discovery rule. The case addresses the application of the discovery rule in asbestos litigation and the timeliness of claims under state law.

Court
United States Court of Appeals for the Seventh Circuit
Jurisdiction
Federal
Decision date
January 17, 1990
Docket number
88-1828
Procedural posture
Appeal from the Southern District of Indiana, 672 F.Supp. 367
Precedential value
published
Parties
Cleremont L. Covalt v. Carey Canada, Inc.
Disposition
affirmed

Topics

appellate procedurecivil procedure

Procedural history

The plaintiff appealed from the district court's judgment.

Court Document

Open PDF
Loading document…