Picone v. Lyons

[1] In this suit for silicosis damages, the issue is prescription of Earl H. Picone's claims against nine manufacturers of protective devices utilized by his employers. Picone's attorney filed a timely suit against executive officers of those employers. Almost twelve years later, Picone's subsequent attorney amended to name the manufacturers as defendants. The trial court dismissed plaintiff's amended complaint. The court of appeal affirmed, holding that the delay of almost twelve years violated the manufacturers' right to due process under Article 1 § 2 of the Louisiana Constitution and the…