Prior Asbestosis Diagnosis Does Not Bar Lung Cancer Suit, Kentucky Supreme Court Rules

FRANKFORT, Ky. - A claim for damages arising from cancer began accruing on the date of a plumber/steamfitter's cancer diagnosis, and not a prior finding that he suffered from asbestosis - a separate and distinct disease, the Kentucky Supreme Court has ruled in allowing his widow's suit to go forward against six asbestos manufacturers. Carroll v. Owens-Corning Fiberglas Corp., et al., No. 99-SC-0740-CL (Ky. Sup. Ct.).

The issue arose on certification from the Sixth Circuit U.S. Court of Appeals following plaintiff James Carroll's appeal of a federal district court's grant of partial summary judgment in favor of the defendants. The …