Pierce v. Johns-Manville Sales 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 damages cannot be proved by mere possibility, but must be proved by probability, a greater than 50% chance
• holding that Plaintiffs cause of action for cancer did not accrue until he learned of the cancer, and that the statute of limitation, which is similar to Hawaii’s statute of limitation, did not bar Plaintiffs claim for lung cancer
• holding claim for lung cancer not barred by earlier diagnosis of asbestosis
• noting that the discovery rule “affords a reasonably diligent person ... the full benefit of the statutory period in which to file suit, retains some degree of protection of a potential defendant’s right to repose, and promotes judicial efficiency.”
• relying on the public policies underlying statutes of limitations in holding that the plaintiffs claim was not time barred
• relying on the public policies underlying statutes of limitations in holding that the plaintiff's claim was not time barred

Source: CourtListener parenthetical corpus (CC0).