William Hagerty v. L & L Marine Services, Inc., and Union Carbide Corp.

REAVLEY, Circuit Judge:

William L. Hagerty was accidently soaked with toxic chemicals while doing duty as a Jones Act seaman. He sues for his damages which include pain and suffering, mental anguish due to the fear of developing cancer, and the medical expense of regular checkups to monitor against that disease. The district court granted summary judgment for the defendants on the ground that no cause of action had accrued. We reverse and remand.

The traditional tort rules may be restated. A tortious cause of action accrues when the victim suffers harm caused by the defendant’s wrong. The…