Summary Judgment for Defendants Upheld in Idaho Supreme Court

BOISE, Idaho - An action filed after doctors flip-flopped on causes for an Idaho man's lung injury accrued with the original diagnosis of asbestos-related illness, not subsequent diagnoses, one of which indicated smoking as the cause, the Iowa Supreme Court has ruled. Brennan v. Owens-Corning Fiberglas Corp., et al., No. 24165 (Idaho Sup. Ct.).

Although plaintiff John Brennan argued the statute of limitations did not commence until he was diagnosed with asbestosis less than two years before filing his complaint, the state high court found Sept. 6 that a preliminary screening several years earlier provided sufficient medical proof of actual …