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Cannon v. Mid-South X-Ray Co.2/23/1999
between January and July of 1992 Cannon took a leave of absence, contacted attorneys about the possibility of a workers' compensation claim, and contacted the author of the article on darkroom disease. Therefore, the latest possible date Mid-South and Du Pont are willing to concede that Cannon discovered her illness and its cause is July 22, 1992, when Cannon contacted the author, Marjorie Gordon. Additionally, Cannon received a letter from Gordon plus more information on darkroom disease dated August 13, 1992.
. It cannot be said, with regard to the steps taken by Cannon in 1992 to find out more about her illnesses, that any affirmative diagnosis was given to her by a medical doctor establishing a connection between her workplace and resulting illnesses. Cannon lacks any specialized training in toxicology, pharmacology, or radiology and is by all accounts a darkroom technician who could not reasonably be expected to diagnose a disease on which the scientific community has yet to reach an agreement.
. The appellees rely on Kemp v. G.D. Searle & Company, 103 F.3d 405 (5th Cir. 1997) for the proposition that Cannon's illnesses were previously diagnosed and thereby made her claim under the darkroom disease theory time-barred. In Kemp, the court found that the diagnosis of infertility was a complication of an earlier diagnosed problem, namely pelvic inflammatory disease. Id. at 410. However, Kemp is distinguishable from the case at bar because the Kemp court concluded that the statute of limitations began to run when Kemp knew of her injury and its cause. Id. (emphasis added). Although Cannon was aware that she was suffering from numerous illnesses and later thought that her problems might be connected with her employment, no doctor had definitively diagnosed her condition until February 9, 1993. . Mid-South and Du Pont claim that the statute of limitations in this case began to run no later than July 22, 1992, and therefore, Cannon's claim is time-barred. On the other hand, Cannon claims that her injury did not accrue until February 9, 1993, when Dr. McCune diagnosed her problems and the cause. Since a genuine issue of material facts exists surrounding the date of accrual in this cause of action, the grant of summary judgment was improper. It is within the province of the jury to decide the time that Cannon's cause of action accrued since that fact is in dispute. Therefore, we reverse and remand for a trial on the merits.
. THE JUDGMENT OF THE HINDS COUNTY CIRCUIT COURT IS REVERSED AND REMANDED FOR A TRIAL ON THE MERITS. ALL COSTS OF THIS APPEAL ARE TO BE SPLIT EQUALLY BY THE APPELLEES.
BRIDGES, C.J., AND THOMAS, P.J., COLEMAN, IRVING, KING, LEE, AND PAYNE, JJ., CONCUR.
SOUTHWICK, J., DISSENTS WITH SEPARATE WRITTEN OPINION, JOINED BY McMILLIN, P.J.
SOUTHWICK, J., Dissenting
. My disagreement with the majority concerns what a potential pl
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