Mertz v. 999 QUEBEC, INC.

CROTHERS, Justice.

[¶ 1] Shirley Mertz (“Mertz”) appealed from a district court order granting summary judgment dismissing her survival action filed on behalf of the estate of her husband, Allen Mertz, seeking to recover damages for alleged asbestos-related injuries from numerous asbestos manufacturers, distributers and sellers (“Defendants”). I would affirm, concluding the discovery rule does not toll the accrual of a survival action beyond the date of the decedent’s death.

I

[¶ 2] Allen Mertz worked as a pipefit-ter for more than thirty years, during which he was allegedly exposed to…