Limitations statute begins to run when worker learns injuries are possibly related to work-place chemical exposure

Degussa Corp. v. Mullens, 695 N.E.2d 172 (Ind. Ct. App. 1998).

The Indiana Court of Appeals held the statute of limitations for a products liability claim begins to run when a worker learns his or her physical injuries are possibly related to workplace exposure to toxic chemicals.

Here, Mullens began mixing chemicals for an animal feed company in September 1990. After three to four months on the job, she began experiencing pulmonary problems. On March 17, 1992, a doctor told her that her condition could be work related. On March 25, 1994, she sued the chemical manufacturers, sellers, and suppliers, alleging she had suffered permanent lung damage from her occupational exposure to chemicals. Defendants moved for summary judgment, alleging plaintiff had not asserted her claims within the twoyear limitations period. The trial court denied the motion.

Reversing, the appellate court noted the limitations period begins to run from the time plaintiff knew or should have discovered she suffered an injury. Citing Indiana case law, the court said the discovery rule does not toll the statute until all uncertainty is eliminated. Instead, once a plaintiff confirms or is informed that a product is a possible cause of her illness, she has two years in which to investigate.

Here, plaintiff had been told the chemicals were a possible cause of her illness more than two years before she filed suit. The court rejected plaintiff's argument that the statute did not begin to run until March 1994, when she knew with certainty the source of her illness. The statute begins to run when suspicion arises, not when all confusion or doubt is dissipated, the court said.

Accordingly, the court remanded for the trial court to grant defendants summary judgment.

Copyright Association of Trial Lawyers of America Dec 1998
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