Court Affirms Summary Judgment, Applies State's 'One-Disease' Model

FRANKFORT, Ky. -- A Court of Appeals has upheld an award of summary judgment on statute of limitations grounds, ruling that the plaintiffs were aware of the possibility of developing lung cancer when an asbestosis diagnosis was made. Combs, et al. v. Albert Kahn & Associates, et al., No. 2004-CA-002178-MR (Ky. Ct. App.).

The Kentucky Court of Appeals applied the state's 'one disease' model in affirming summary judgment on Jan. 6.

Plaintiff Judy Combs asserted the asbestos claims on behalf of Virgil Combs, who she claims developed asbestosis and lung cancer after working with asbestos insulation at a General Electric …