Legal Opinion
Wilber v. Owens-Corning Fiberglass Corp.
Supreme Court of Iowa
Decided October 16, 1991No. 90-882PublishedCited by 12 opinions
1Opinion of the Court
HARRIS, Justice.
An insulation worker’s suit against an asbestos manufacturer for personal injuries was dismissed because of a two-year statute of limitations. The question involves the discovery rule. The worker knew for more than two years that he suffered from asbestosis, but did not know he would develop mesothelioma. The trial court determined the discovery rule did not excuse the late filing. We think it did and hence reverse and remand.
Donald Wilber, the insulation worker, brought this suit August 24,1988. He died a month later and his widow Charlotte was substituted as plaintiff. From…
2Cases cited31 opinions
- United States v. KubrickSupreme Court of the United States · 1979
- Urie v. ThompsonSupreme Court of the United States · 1949
- Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
- Cathcart v. Keene Industrial InsulationSupreme Court of Pennsylvania · 1984
- Albert E. Albertson v. T.J. Stevenson & Company, Inc.Court of Appeals for the Fifth Circuit · 1984
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3Cited by12 opinions
- Pustejovsky v. Rapid-American Corp.Texas Supreme Court · 2000
- Grisham v. Philip Morris U.S.A., Inc.California Supreme Court · 2007
- Sopha v. Owens-Corning Fiberglas Corp.Wisconsin Supreme Court · 1999
- prod.liab.rep. (Cch) P 13,965 Kimberly Roth Garland Roth Brad Roth v. G.D. Searle & CompanyCourt of Appeals for the Eighth Circuit · 1994
- Frideres v. SchiltzSupreme Court of Iowa · 1995
7 more not listed; retrieve them via the Exa API.