Carroll v. Owens-Corning Fiberglas Corp.

Summary

The Supreme Court of Kentucky held that a lung-cancer claim arising from asbestos exposure accrues when the cancer is diagnosed, rather than when a separate, earlier diagnosis of asbestosis was made. The court concluded that the asbestosis and lung-cancer claims involved separate and distinct diseases and that the earlier diagnosis did not trigger the statute of limitations for the later cancer claim. The court therefore allowed the cancer claim to proceed while recognizing that the asbestosis claim was time-barred.

Holdings

1. When asbestos exposure causes separate and distinct diseases, a cause of action for lung cancer accrues when the lung cancer is diagnosed, not when the earlier asbestosis is diagnosed. The earlier diagnosis does not trigger the limitations period for the later cancer claim unless the plaintiff had actual knowledge or knowledge of the probability of that later disease.
2. The rule against splitting causes of action does not bar the cancer action because Carroll brought only one action and had not previously litigated an asbestosis claim. Although the asbestosis claim was time-barred and waived, the later cancer claim could proceed.

Questions Presented

1. Whether Kentucky's one-year statute of limitations for personal-injury claims begins to run for an asbestos-related lung-cancer claim when the plaintiff is diagnosed with an earlier, separate disease such as asbestosis.
2. Whether Kentucky's rule against splitting causes of action bars a later lung-cancer claim when the plaintiff did not previously sue for asbestosis, fear of cancer, or enhanced risk of cancer.

Disposition

other