Smith v. DOWELL CORP., a DIV. OF DOW CHEM.

The majority ignores the facts of this case and simply assumes that there is a latent injury. There is no latent injury in this case.

The following facts are undisputed. On August 12, 1980, the truck Smith was driving flipped over, crushing the cab of the truck. In his deposition, Smith stated that immediately after the accident he experienced substantial back pain and pain in a leg that caused him to limp for a week. More importantly, Smith stated, as the reason for seeking a physician’s attention about one month after the accident, that “[he] knew that there had to be something wrong because…