6th Circuit Vacates Ruling that Barred Post-Asbestosis Lung Cancer Claim

CINCINNATI - The Sixth Circuit U.S. Court of Appeals has vacated a federal district court ruling that would have prevented a man who developed lung cancer after being diagnosed with asbestosis from pursuing his claim for the latter, more severe illness. Carroll v. Owens-Illinois Glass Co., No. 98-5680 (6th Cir.).

The June 7 decision to vacate the ruling and remand the case to district court for further proceedings stems from a Kentucky Supreme Court ruling in March that determined James H. Carroll's lung cancer suit had accrued on the day he was diagnosed with cancer rather than when he was …