Kathleen Dubose v. Kansas City Southern Railway Co.

How courts have described this case

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

• noting that plaintiff, who worked as a railroad car repairman, “was exposed to various irritants or noxious agents, including sulphur, grain dust, petroleum coke dust, fiberglass and silica” (emphasis added)
• holding that the rule that limitations periods do not commence \until plaintiff knows the facts of injury and causation... should be applied in federal cases whenever a plaintiff is not aware of and has no reasonable opportunity to discover the critical facts of his injury and its cause\
• noting that the number of possible causes of an injury that exist is a relevant factor in determining when a plaintiff should be charged with knowledge of causation
• holding that the rule that limitations periods do not commence “until plaintiff knows the facts of injury and causation ... should be applied in federal cases whenever a plaintiff is not aware of and has no reasonable opportunity to discover the critical facts of his injury and its cause”
• explaining “the discovery rule applies when a plaintiff is not aware of and has had no reasonable opportunity to discover the critical facts of their injury and cause.”
• if plaintiff relies on erroneous medical advice, there is fact question regarding when plaintiff became aware that disease causally related to employment

Source: CourtListener parenthetical corpus (CC0).