Louisville Trust Co. v. Johns-Manville Products Corp.

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 Tomlinson discovery rule extended to tort actions for injuries resulting from latent disease caused by exposure to harmful substances
• extending the doctrine from malpractice cases to a product-liability claim where a decedent had not exhibited cancer until years after asbestos exposure
• extending the doctrine from malpractice cases to a product-liability claim where a decedent had not exhibited cancer until years after asbestos exposure
• “the cause of action should accrue ... when the Plaintiff knew or should have known that he had been injured by the conduct of the tortfeasor”
• “Plaintiff’s lack of knowledge of the extent of his injury does not toll a statute of limitations to which the discovery rule is applied.”
• “Courts have felt that the injured party should be allowed to have his day in court when his injury was of an inherently unknowable nature.” (quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).