(Download) "Theodore Trieschock v. Owens Corning Fiberglas Company" by 1985 Superior Court of Pennsylvania No. 00401 Pittsburgh # eBook PDF Kindle ePub Free
eBook details
- Title: Theodore Trieschock v. Owens Corning Fiberglas Company
- Author : 1985 Superior Court of Pennsylvania No. 00401 Pittsburgh
- Release Date : January 24, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
This appeal is from summary judgment. In dispute here is the trial court's decision that the statute of limitations had run in this ""creeping disease"" case.1 The disposition of this issue entails consideration of two questions novel in this jurisdiction. First, with what degree of certainty must a plaintiff be aware of a medical condition in order to start the statute of limitations period running? Second, does a tentative, preliminary diagnosis -- insufficient to start the statute running -- activate a duty to make, with due diligence, further enquiries into the cause of his condition? Our answers to these questions, as applied to the facts of this case, require the reversal of the summary judgment.
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