Vispisiano v. Ashland Chemical Co.

The “discovery rule” is an equitable principle by which the accrual of a cause of action is delayed “until the injured party discovers, or by the exercise of reasonable diligence and intelligence should have discovered[,] that he may have a basis for an actionable claim.” Viviano v. CBS, Inc., 101 N.J. 538, 546 (1986) (quoting Lopez v. Swyer, 62 N.J. 267, 272 (1973)). This appeal involves the application of the “discovery rule” to a toxic-tort case. Plaintiffs are John Vispisiano and his wife, Barbara. “Plaintiff” hereafter is intended to indicate John; Barbara Vispisiano will be referred to…