Please visit my author page at amazon.com
Deborah Palmer, et al., v. Walker Jamar Company, et al. . MN statute of limitation
The deceased in this wrongful death case learned in 2009 that he had calcium deposits on his lungs due to asbestos exposure. He was diagnosed with mesothelioma in 2011, and in January 2012 he learned that asbestos had caused the mesothelioma. In 2013, he and his wife filed a product liability lawsuit in North Dakota based upon that exposure.
He died of mesothelioma in 2015, and in February 2018, his widow filed this lawsuit against Honeywell. The defendant moved for summary judgment on the grounds that the case was outside the six year statute of limitations. THe district court agreed and dismissed the case. The Court of Appeals affirmed, and the Minnesota Supreme Court then agreed to hear the case.
The Supreme Court affirmed. It held that the case had accrued in January 2012, because it was undisputed that the deceased knew at that time that the asbestos exposure had caused his disease.
The wife argued that the case shouldn't have accrued until she knew the identity and fault of the tortfeasor. But after reviewing a number of precedents, the Court disagreed. For these reasons, the Supreme Court affirmed.
Nos. A18-2114 and A19-0155 (Minn. July 1, 2020).
Please see the original opinion for the court's exact language.
Advertisement:
Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
For more information about attorney Clem, please visit
his website.
For more information about his low-cost CLE programs, please visit his CLE page.
Return to index of case summaries
Copyright 2020, Richard P. Clem.
Attorney Richard P. Clem is responsible for the content of this page.
Richard P. Clem, Attorney
PO Box 14957
Minneapolis, MN 55414
USA
Phone: +1-612-378-7751
e-mail: clem.law@usa.net
Minnesota Attorney Registration Number 0192648
Please visit my author page at amazon.com