Court: Lung Cancer Plaintiff Failed to Diligently Inquire as to Causation

CORPUS CHRISTI, Texas - A Texas appellate court has affirmed summary judgment for a manufacturer based on the state's two-year statute of limitations, finding that the plaintiff failed to make a diligent inquiry as to what caused his lung cancer. Podolny, et al. v. Elliott Turbomachinery Co. Inc., No. 13-04-499-CV (Texas 13th Dist. Ct. App.).

In a Feb. 1 opinion, the 13th District Court of Appeals rejected Daniel Podolny's assertion that the limitations period for his lung cancer claim could not have started running any sooner than October 2000, when he first contacted his counsel concerning a possible connection between …