Dunn v. Pacific Employers Insurance

EXUM, Chief Justice.

This is a civil action grounded in negligence in which plaintiff seeks to recover damages for the wrongful death of her husband, Jerry Lewis Dunn. Plaintiff’s husband was diagnosed as having liver cancer in August of 1985 and died from that disease on 24 June 1987. Plaintiff filed this wrongful death action on 23 June 1989. The issue is whether a wrongful death action filed more than three years after diagnosis of the fatal disease but within two years of decedent’s death is barred by the statute of limitations.

Plaintiff’s husband worked for the ITT Telecom Products…