Contradictory Diagnosis Evidence Created Fact Issues, Conglomerate Silicotic Claims

TEXARKANA, Texas - A former plumber with silicosis is appealing an award of summary judgment that the plaintiff claims was based on the defendants' controverted evidence that he was aware of his condition more than two years before filing his complaint. Youngblood v. Falcon Building Products, et al., No. 06-03-00020-CV (Texas App. Ct., Sixth Dist.).

In a brief set to be filed in the Sixth District Court of Appeals, plaintiff Johnny Youngblood alleges that the Gregg County District Court's decision to grant the defendants' motion on statute of limitations grounds was based in large part on the testimony of a …