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plaintiffdefendantdamagesstatutestatute of limitations
tortplaintiffdefendantdamagesstatutestatute of limitations

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Sopha v. Owens-Corning Fiberglas Corp., 230 Wis.2d 212, 601 N.W.2d 627

Facts

Robert Sopha worked as an insulator and was regularly exposed to asbestos. In 1987, he and his wife filed a complaint for damages related to non-malignant lung injuries, which was dismissed with prejudice. In December 1996, Robert was diagnosed with mesothelioma, prompting the plaintiffs to file a new action in March 1997. The defendants moved to dismiss the new action, claiming it was barred by the statute of limitations and the doctrine of claim preclusion.

In March 1987, Robert Sopha and his wife Margaret filed a complaint in the Circuit Court for Milwaukee County seeking damages for injuries to Robert's lungs allegedly caused by exposure to asbestos. The action was dismissed 'on the merits and with prejudice.' In December 1996 Robert Sopha was diagnosed for the first time with mesothelioma, a malignant condition of the pleural lining allegedly caused by exposure to asbestos. The plaintiffs brought an action to recover damages for mesothelioma in March 1997.

Issue

Whether a diagnosis of a non-malignant asbestos-related condition triggers the statute of limitations for a later diagnosed malignant asbestos-related condition, and whether the doctrine of claim preclusion bars the second action.

The first issue presented is whether a diagnosis of a non-malignant asbestos-related condition (here either pleural thickening or asbestosis) triggers the statute of limitations for any and all injuries to the plaintiffs caused by exposure to asbestos, or whether a later diagnosis of a distinct and later manifested malignant asbestos-related condition (here mesothelioma) triggers a new statute of limitations on the distinct and later manifested condition.

Rule

A diagnosis of a non-malignant asbestos-related condition does not trigger the statute of limitations for a later diagnosed, distinct malignant asbestos-related condition. The doctrine of claim preclusion does not apply if the subsequent action is based on a different cause of action.

The statute of limitations applicable to the present case provides that an action to recover damages for injuries to the person shall be commenced within three years from the time the cause of action accrues. Wis. Stat. §§ 893.04 and 893.54.

Analysis

The court determined that the statute of limitations for the mesothelioma claim began when Robert Sopha was diagnosed with that condition in 1996, not when he was diagnosed with a non-malignant condition in the 1980s. The court also found that the first action did not encompass the claim for mesothelioma, thus allowing the second action to proceed without violating the principles of claim preclusion.

The court must also take into account the objective of tort law that meritorious claimants recover adequate compensation from tortfeasors. Unless the plaintiffs' 1997 action is allowed to proceed the plaintiffs may never recover for serious injuries allegedly caused by the defendants.

Conclusion

The Supreme Court reversed the Circuit Court's dismissal and remanded the case for further proceedings, allowing the plaintiffs to pursue their claim for mesothelioma.

We therefore hold that the statute of limitations does not bar the plaintiffs' 1997 action. The diagnosis of a non-malignant asbestos-related lung pathology does not trigger the statute of limitations with respect to an action for a later diagnosed, distinct malignant asbestos-related condition.

Who won?

The plaintiffs prevailed because the court found that the statute of limitations did not bar their claim for mesothelioma, and the dismissal of the first action did not preclude the second action.

The plaintiffs assert that Robert Sopha's 1987 complaint contains numerous generic allegations that were not applicable to Robert Sopha's condition at that time. They assert that although the 1987 complaint indicates that Robert Sopha was diagnosed with asbestosis, he was really diagnosed with non-disabling pleural thickening.

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