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Cannon v. Mid-South X-Ray Co.2/23/1999
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a) plaintiff was diagnosed in 1980 with myofacial pain and spasm;
b) she was diagnosed in 1985 with epilepsy;
c) in 1985 she was diagnosed as having vascular headaches;
d) in 1986 she was diagnosed as suffering from lumbosacral strain.
e) she learned prior to 1987 that she suffered from a seizure disorder;
f) her varicose veins were discovered in 1989;
g) plaintiff knew prior to 1990 of maxillary sinusitis;
h) bursitis was diagnosed in 1991;
i) degenerative arthritis of the spine was diagnosed in 1991;
j) general joint pain and stiffness and tendonitis arose by 1991. . These are the injuries and illnesses that with reasonable diligence not only should have been, but were discovered well before three years prior to the commencement of this suit. Thus the suit was time-barred because the illnesses had been medically diagnosed for too long before litigation was commenced.
. The majority sets out the plaintiff's strong suspicions regarding her employer's possible role in her illness and the fact questions as to the state of those suspicions at different times. However, as Owens-Illinois v. Edwards makes clear, receiving confirmation of the cause of the illness is not part of the accrual of a cause of action under this statute. I respectfully find that the majority errs in holding that the limitation statute remained dormant as to her claim until an "affirmative diagnosis was given her by a medical doctor establishing a connection between her workplace and resulting injury."
. I find there is no dispute of material fact and that summary judgment was properly entered.
MCMILLIN, P.J., JOINS THIS SEPARATE OPINION.
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