Gosnell v. Ashland Chemical, Inc.

OPINION

GODDARD, Judge.

Naomi Merritt Gosnell, Plaintiff-Appellant, appeals the summary judgment granted the Defendants-Appellees, in her wrongful death claim. The Appellant maintains that she is within the statute of limitations for wrongful death suits, T.C.A. 28-3-104, by virtue of the “discovery” rule.

In her complaint of March 11, 1983, the Appellant alleged that (1) she was the widow of Bobby Edward Merritt, who died of acute leukemia on September 14, 1981, (2) Mr. Merritt had been employed as a painter and mixer at a manufacturing facility for over 30 years, during which time he had been…