Blannie S. Wilson, Administratrix of the Estate of Henry J. Wilson, Deceased v. Johns-Manville Sales Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “the time to commence litigation does not begin to run on a separate and distinct disease until that disease becomes manifest.”
• holding that “the diagnosis of ‘mild asbestosis’ ... did not start the clock on [plaintiff's] right to sue for the separate and distinct disease, mesothelioma, attributable to the same asbestos exposure, but not manifest until [five years later]”
• stating that, in latent disease cases, the policy of repose is frequently outweighed by the interests of justice
• stating that, in latent disease cases, the policy of repose is frequently outweighed by the interests of justice
• holding that the diagnosis of “mild asbestosis” at an earlier date did not start the clock on the right to sue for a later manifested separate and distinct disease, mesothelioma, attributable to the same asbestos exposure
• plaintiff is entitled to recovery of future consequences if it is more likely than not that such consequences will occur

Source: CourtListener parenthetical corpus (CC0).