Larson v. Johns-Manville Sales Corp.

The issues in this case are: 1) when does a cause of action for asbestosis accrue in Michigan, and 2) does a failure to bring a suit for asbestosis within the statutory period bar an action for cancer which subsequently develops as a result of the same exposure to asbestos. We hold: 1) the cause of action for asbestosis accrues in accordance with the "discovery rule,” i.e., from the time the claimant knows or should have known of the disease, rather than at the time of exposure to asbestos or at the time of diagnosable injury; and 2) if a claimant chose not to bring an action for asbestosis,…