Legal Opinion
Thornton v. Roosevelt Hospital
New York Court of Appeals
Decided May 10, 1979PublishedCited by 91 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
In this action sounding in strict products liability based on allegations that a thorium dioxide substance manfactured by defendant Testagar, Inc., and injected into decedent resulted in the onset of cancer, the cause of action accrued at the time of invasion of decedent’s body, and not at the time the decedent’s cancerous condition became apparent.
In Victorson v Bock Laundry Mach. Co. (37 NY2d 395), we held that the cause of action termed strict products liability accrues as of the date of…
2Cases cited5 opinions
- Codling v. PagliaNew York Court of Appeals · 1973
- Becker v. SchwartzNew York Court of Appeals · 1978
- Victorson v. Bock Laundry Machine Co.New York Court of Appeals · 1975
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Schwartz v. Heyden Newport Chemical Corp.New York Court of Appeals · 1963
3Cited by91 opinions
- Fourth Ocean Putnam Corp. v. Interstate Wrecking Co.New York Court of Appeals · 1985
- In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1984
- O'Stricker v. Jim Walter Corp.Ohio Supreme Court · 1983
- Blannie S. Wilson, Administratrix of the Estate of Henry J. Wilson, Deceased v. Johns-Manville Sales CorporationCourt of Appeals for the D.C. Circuit · 1982
- McCarthy v. Volkswagen of America, Inc.New York Court of Appeals · 1982
86 more not listed; retrieve them via the Exa API.