Sherry Mann and Richard B. Mann v. A.H. Robins Company, Inc.

GEE, Circuit Judge:

This diversity case poses the question whether under Texas law a cause of action in tort accrues when a plaintiff injured by a defective product learns that she is ill, or whether her cause of action accrues when she learns (or reasonably could have learned) the cause of her illness. We find that the Texas “discovery rule” applies to this action and dictates that knowledge of cause in fact determines when the cause of action accrues. Accordingly, the district court erred in granting summary judgment to defendant manufacturer A.H. Robins on the ground that plaintiff Sherry…