Wilkerson v. Burlington Northern Railroad

MADDOX, Justice.

This case presents the question whether the statute of limitations bars the plaintiffs action to recover damages for injuries he alleges he suffered as a result of an alleged workplace exposure to asbestos. For the reasons discussed below, we conclude that that question may not be answered until a jury determines when the plaintiffs cause of action accrued.

Thomas Edison Wilkerson sued his former employers, Burlington Northern Railroad Company (“Burlington”) and Illinois Central Railroad Company (“Illinois Central”), alleging “severe injury to his body and respiratory system,…