American Optical Corporation v. Robert Lee Rankin, Jr.

KITCHENS, JUSTICE,'

DISSENTING:

¶51. I respectfully dissent. In holding that Rankin’s entire claim is time barred, the majority wields a club when a scalpel is appropriate. While I agree that this case must be reversed on statute of limitations' grounds, I would remand for a new trial. Although these two statements may seem, at first blush, to be mutually exclusive, in this instance they are not. The majority finds that Rankin’s 2007 COPD diagnosis, as a matter of law, started the running of the' statute of limitations on his silicosis claim. But that conclusion is not supported by the case law…