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Keywords

tortdefendantdamagesappealsummary judgment

tortdefendantappeal

Related Cases

Hagerty v. L & L Marine Services, Inc., 788 F.2d 315, 54 USLW 2569

Facts

Hagerty was employed as a tankerman and was accidentally soaked with dripolene, a chemical containing carcinogenic substances, while loading chemicals at a plant. Following the incident, he experienced dizziness and leg cramps, and he became fearful of developing cancer due to his exposure. Although he did not have cancer at the time, he sought regular medical checkups as a precaution. The district court ruled that no cause of action had accrued, leading to Hagerty's appeal.

Hagerty was employed by L & L Marine Service, Inc. and/or Globe Barge, Inc. in April 1982, when he served as a tankerman on a barge being loaded with chemicals at the Union Carbide plant in Guyanilla, Puerto Rico.

Issue

Did a cause of action accrue for Hagerty's injuries resulting from exposure to toxic chemicals, and could he recover damages for mental anguish and medical expenses related to his fear of cancer?

The present appeal raises, primarily, the question of whether a cause of action has accrued.

Rule

A tortious cause of action accrues when the victim suffers harm caused by the defendant's wrong, which may be either immediate or latent. The victim is entitled to sue for all damages, including past, present, and probable future harm.

The traditional tort rules may be restated. A tortious cause of action accrues when the victim suffers harm caused by the defendant's wrong.

Analysis

The court found that Hagerty's physical injuries, including dizziness and leg cramps, were sufficient to establish that a cause of action had accrued. The court also recognized that Hagerty's fear of cancer constituted a present injury, allowing him to seek damages for mental anguish. The court emphasized that the single cause of action rule should not preclude recovery for future cancer damages, as these could be treated as a separate cause of action.

We hold that Hagerty suffered physical injuries and was entitled to pursue this action.

Conclusion

The Court of Appeals reversed the district court's summary judgment and remanded the case for further proceedings, allowing Hagerty to pursue his claims for damages.

Reversed and remanded.

Who won?

Hagerty prevailed in the appeal because the court found that he had suffered discernible injuries and was entitled to pursue his claims for damages, including mental anguish and medical expenses.

Hagerty was accidently soaked with toxic chemicals while doing duty as a Jones Act seaman.

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