Trieschock v. Owens Corning Fiberglas Co.

BROSKY, Judge:

This appeal is from summary judgment. In dispute here is the trial court’s decision that the statute of limitations had run in this “creeping disease” case. 1 The disposition of this issue entails consideration of two questions novel in this jurisdiction. First, with what degree of certainty must a plaintiff be aware of a medical condition in order to start the statute of limitations period running? Second, does a tentative, preliminary diagnosis — insufficient to start the statute running — activate a duty to make, with due diligence, further enquiries into the cause of his…