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Keywords

lawsuitplaintiffdefendantstatutestatute of limitations
plaintiffstatutestatute 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 lawsuit for injuries related to asbestos exposure, which was dismissed with prejudice. In December 1996, Sopha was diagnosed with mesothelioma, prompting the couple to file a new lawsuit in March 1997. The defendants argued that the new lawsuit was barred by the statute of limitations and claim preclusion due to the earlier dismissal.

Robert Sopha worked as an insulator from 1951 until his retirement in 1995. He was regularly exposed to insulation products containing asbestos during his employment. Sometime prior to 1987 Robert Sopha was apparently diagnosed with non-malignant pleural thickening.

Issue

Did the diagnosis of a non-malignant asbestos-related condition trigger the statute of limitations for a later diagnosed malignant condition, and does the doctrine of claim preclusion bar the second action for mesothelioma?

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. Additionally, the doctrine of claim preclusion does not apply if the subsequent action is based on a different injury that could not have been reasonably predicted at the time of the first action.

We conclude that a diagnosis of a non-malignant asbestos-related lung pathology does not trigger the statute of limitations with respect to a claim for a later diagnosed, distinct malignant asbestos-related condition.

Analysis

The court determined that the statute of limitations for mesothelioma began when the condition was diagnosed in 1996, not when the non-malignant condition was diagnosed in the 1980s. The court emphasized that the plaintiffs could not have reasonably predicted the development of mesothelioma at the time of the first lawsuit, thus allowing the second action to proceed. The court also found that the dismissal of the first action did not bar the second action since the injuries were distinct.

The court concludes that the plaintiffs should be allowed to go forward with their suit. We hold that a person who brings an action based on a diagnosis of a non-malignant asbestos-related condition may bring a subsequent action upon a later diagnosis of a distinct malignant asbestos-related condition.

Conclusion

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

We reverse the order of the circuit court and remand the cause to the circuit court for further proceedings not inconsistent with this opinion.

Who won?

The plaintiffs, Margaret Sopha and the Estate of Robert Sopha, prevailed because the court ruled that their second action for mesothelioma was not barred by the statute of limitations or claim preclusion.

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.

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