Va. Court Says 1st Diagnosis Starts Asbestos Claim Clock

Law360, New York (January 11, 2013, 2:08 PM EST) -- The Virginia Supreme Court on Thursday determined that a former factory worker’s mesothelioma-related wrongful death suit was time-barred under Virginia law because he had been diagnosed with an independent, nonmalignant asbestos-related disease decades earlier.

Answering a question certified by the Third Circuit Court of Appeals, the Virginia Supreme Court found that Orvin H. Kiser’s cause of action began to accrue in 1988, when he was diagnosed with nonmalignant asbestosis, and therefore the statute of limitations prevented his widow from bringing a wrongful death action against A....
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