Legal Opinion

Corporation of Mercer University v. National Gypsum Co.

Supreme Court of Georgia

Decided June 9, 1988No. 45255PublishedCited by 83 opinions

1Opinion of the Court

Smith, Justice.

The United States Court of Appeals for the Eleventh Circuit certified the following question to this court:

“Whether the discovery rule is applicable to property damage cases where there is no applicable statute of repose but there are knowledge and concealment of hazardous defects?” Corp. of Mercer University v. National Gypsum Co., 832 F2d 1233 (1987). The answer to both parts of the question is no.

On April 9, 1985, Mercer University filed actions in federal district court against several manufacturers of asbestos-containing construction products. Among these manufacturing…

2Cases cited3 opinions

  1. Everhart v. Rich's, Inc.Supreme Court of Georgia · 1972
  2. King v. Seitzingers, Inc.Court of Appeals of Georgia · 1981
  3. Lumbermen's Mutual Casualty Co. v. Pattillo Construction Co.Supreme Court of Georgia · 1985

3Cited by83 opinions

  1. Trust Company Bank v. United States Gypsum CompanyCourt of Appeals for the Fifth Circuit · 1992
  2. Hanna v. McWilliamsCourt of Appeals of Georgia · 1994
  3. Mears v. Gulfstream Aerospace Corp.Court of Appeals of Georgia · 1997
  4. Salsbury Laboratories, Inc. v. Merieux Laboratories, Inc., Donald G. Hildebrand, Jack R. BergCourt of Appeals for the Eleventh Circuit · 1990
  5. Jones v. LamonCourt of Appeals of Georgia · 1992

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