(DOWNLOAD) "Vitalo v. Cabot Corp." by In the United States Court of Appeals for the Seventh Circuit # eBook PDF Kindle ePub Free

eBook details

Title: Vitalo v. Cabot Corp.
Author : In the United States Court of Appeals for the Seventh Circuit
Release Date : January 03, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

This case requires us to revisit the question of when Pennsylvanias statute of limitations begins to run in a personal injury action alleging harm traceable to defendants beryllium plant in Reading, Pennsylvania. Our Court examined four similar cases in Debiec v. Cabot Corporation, 352 F.3d 117 (3d Cir. 2003). The law applied is well understood-the statute of limitations begins to run when a person knows, or through the exercise of reasonable diligence should know, s/he has been injured and someone else caused that injury. A complication arises when the injury caused is a disease that develops over time. In those cases, when should a plaintiff know s/he needs to investigate and bring potential claims? Answers are discerned under the so-called "discovery rule," the touchstone of which is reasonable diligence by the plaintiff. In this case we hold that the statute of limitations began to run when Plaintiff Daniel Vitalo ceased to exercise reasonable diligence in investigating his health problems, more than two years before he and his wife, Diane, brought suit. Thus their claims do not escape the bar of Pennsylvanias two-year limitations period.