Ore. Supreme Court Finds Doctors' Uncertainty Tolled Limitations Period

SALEM, Ore. - The Oregon Supreme Court has affirmed a decision to reverse summary judgment for an automotive asbestos defendant, finding that the failure of plaintiff's doctors to identify asbestos as the cause of plaintiff's pulmonary disease was sufficient to toll the statute of limitations. Keller, et al. v. Armstrong World Industries Inc., et al., No. S52801 (Ore. Sup. Ct.).

The high court said in a Nov. 24 opinion that plaintiff Lawrence Keller did not fail to inquire about the cause of his pulmonary problems more than two years before he filed suit in October 2000 against several automotive companies.