Legal Opinion
Joseph v. Hess Oil Virgin Islands Corp.
District Court, Virgin Islands
Decided October 27, 1987No. Civ. No. 1986/89PublishedCited by 6 opinions
1Opinion of the CourtO’Brien, Judge
MEMORANDUM OPINION
We adopt in this case the discovery rule for determining the date of accrual of an asbestosis cause of action. The Virgin Islands two- year personal injury statute of limitations will be tolled until a plaintiff knows or has reason to know of his asbestos-related injury and its cause. However, because it is uncontroverted in the case herein that the plaintiff knew of his injury and its cause more than two years prior to commencement of this suit, his claim will be dismissed.
I. FACTS
Benoit Joseph was a Litwin Panamerican Corporation (“Litwin”) insulator who worked at the Hess…
2Cases cited17 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
- Urie v. ThompsonSupreme Court of the United States · 1949
- Ciccarelli v. Carey Canadian Mines, Ltd.Court of Appeals for the Third Circuit · 1985
- Vispisiano v. Ashland Chemical Co.Supreme Court of New Jersey · 1987
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3Cited by6 opinions
- Childs v. HausseckerTexas Supreme Court · 1998
- Burton v. First BankSuperior Court of The Virgin Islands · 2007
- Joseph v. Hess OilCourt of Appeals for the Third Circuit · 1989
- Joseph v. Hess Oil, Virgin Islands Corp.Court of Appeals for the Third Circuit · 1989
- Burt v. Lockheed Martin Corp.Supreme Court of The Virgin Islands · 2024
1 more not listed; retrieve them via the Exa API.