Kraciun v. Garlock Inc.
895 F. 2d 444 (8th Cir. 1990)
Application of “discovery” rule in asbestos cases.
Former workers brought products liability action against manufacturers of asbestos-containing insulation products. The United States District Court for the Southern District of Iowa, Charles R. Wolle, J., granted summary judgment for defendants, and appeal was taken. The Court of Appeals, Larson, Senior District Judge, sitting by designation, held that: (1) fact issue existed as to when five of six workers knew or reasonably should have known that they had suffered asbestos-related injury, and (2) under Iowa law, two-year statute of limitations for personal injury complaints began to run at time sixth worker was placed on notice that his lung Xray showed asbestos-related problems. Read More