Joseph v. Hess Oil, Virgin Islands Corp.
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Circuit Judge.
This is an appeal, from an order of the district court granting the defendants’ motion for summary judgment pursuant to Fed.R.Civ.P. 56. The district court found that the plaintiff’s tort claim was barred by the Virgin Island’s two year statute of limitations. For reasons that follow, we conclude that a material question of fact exists with regard to the date plaintiff knew or should have known that he had contracted an asbestos-related disease. Accordingly, we will reverse the grant of summary judgment and remand to the district court.
I
Appellant…
2Cases cited11 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Goodman v. Mead Johnson & Co.Court of Appeals for the Third Circuit · 1976
- Van T. Junkins and Associates, Inc., an Alabama Corporation v. U.S. Industries, Inc.Court of Appeals for the Eleventh Circuit · 1984
- Ciccarelli v. Carey Canadian Mines, Ltd.Court of Appeals for the Third Circuit · 1985
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3Cited by5 opinions
- Barefoot Architect, Inc. v. BungeCourt of Appeals for the Third Circuit · 2011
- Joseph v. Hess OilCourt of Appeals for the Third Circuit · 1989
- Lukey v. International Paint Co.District Court, Virgin Islands · 1989
- Hess Oil Virgin Islands Corporation v. Fluor Daniel, Individually and as successor-in-interest to Fluor Engineers and Constructors, Inc.Superior Court of The Virgin Islands · 2020
- Reola Garcia Oliver, James Oliver and Frankie Oliver v. Terminix International Company, LLPSuperior Court of The Virgin Islands · 2020