|
|
Cannon v. Mid-South X-Ray Co.2/23/1999
disease, or ensure that the safety of her workplace was met and maintained.
. In January of 1993, Cannon saw Dr. Robert L. Saulter about her health problems. He referred her to the Ocshner Clinic in New Orleans, Louisiana where she was examined by several physicians. Cannon related her medical history and information about the chemicals at her place of work. During her treatment at the Ocshner Clinic, she received medical confirmation that her illness was associated with chemicals at her workplace. On February 9, 1993, Dr. Todd W. McCune reported that exposure to chemicals at her workplace was a major cause of her health problems.
. On August 8, 1995, Cannon filed suit against Mid-South and Du Pont. After a hearing, the Hinds County Circuit Court granted the appellees' motion for summary judgment on January 16, 1997. Feeling aggrieved, Cannon filed this appeal.
DISCUSSION
. Summary judgment is a powerful tool which "should be used wisely and sparingly." Martin v. Simmons, 571 So. 2d 254, 258 (Miss. 1990). It should only be granted when "there is no genuine issue as to any material fact." M.R.C.P. 56 (c). When reviewing a decision to grant summary judgment, this Court will review the case de novo. Crain v. Cleveland Lodge 1532, 641 So. 2d 1186, 1188 (Miss. 1994). All evidentiary matters are viewed in a light most favorable to the non-movant. Id. (emphasis added); Morgan v. City of Ruleville, 627 So. 2d 275, 277 (Miss. 1993). In other words, Mid-South and Du Pont must show that there is no issue of fact concerning when Cannon discovered her latent injury. In the case sub judice, Mid-South and Du Pont have not met this burden.
. Mississippi Code Annotated ยง 15-1-49 (1) (Rev. 1995) provides as follows:
(1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.
(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury.
. At issue here is when does a cause of action accrue. "A cause of action accrues only when it comes into existence as an enforceable claim; that is when the right to sue becomes vested." Owens-Illinois, Inc. v. Edwards, 573 So. 2d 704, 706 (Miss. 1990)(adopting and applying the "discovery rule" in limited circumstances in negligence and products liability cases involving latent injuries). The Mississippi Supreme Court held that the statute of limitations commences upon discovery of an injury and that discovery is an issue of fact to be decided by a jury where there is a genuine dispute. Schiro v. American Tobacco Co., 611 So. 2d 962, 964 (Miss. 1992).
. The court further held in both Schiro and Edward
Page 1 2 3 4 5 6 7 Show All Case Laws Mississippi PEO
|