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Keywords

tortdiscoverystatuteappealtrialmalpracticestatute of limitations

tortstatutetrial

Related Cases

Stoleson v. U.S., 629 F.2d 1265

Facts

In early 1967, Helen Stoleson began working at the Badger Army Ammunition Plant, where she was exposed to nitroglycerin. She experienced anginal chest pains starting in late 1967 and was hospitalized for a myocardial infarction in February 1968. Despite her suspicions about the connection between her heart problems and her work, she was repeatedly told by physicians that there was no causal link. It wasn't until April 1971 that a cardiologist confirmed the relationship between her exposure to nitroglycerin and her cardiovascular issues, leading her to file an administrative claim in August 1972.

In early 1967 Mrs. Stoleson began working as a roll house operator in the rocket area of the Badger Army Ammunition Plant (BAAP).

Issue

Whether Helen Stoleson's suit under the Federal Tort Claims Act is barred by the statute's two-year limitation period.

At issue is whether Helen Stoleson's suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. s 2671 et seq., is barred by that statute's two-year limitation period.

Rule

The statute of limitations under the Federal Tort Claims Act begins to run when a claimant discovers or should have discovered the critical facts of injury and cause, applying the discovery rule.

The determinative federal law is 28 U.S.C. s 2401(b), which bars any tort claim against the United States not presented in writing within two years of accrual.

Analysis

The court determined that Stoleson's claim did not accrue until she learned of the causal relationship between her exposure to nitroglycerin and her heart problems in April 1971. Prior to this, despite her suspicions, she lacked the necessary medical confirmation to pursue a claim. The court emphasized that the discovery rule applies not only to medical malpractice cases but also to occupational exposure cases where the causal link is not immediately apparent.

We turn now to Mrs. Stoleson's situation to determine when she learned the critical facts.

Conclusion

The Court of Appeals reversed the district court's dismissal and remanded the case for trial on the merits, ruling that Stoleson's claim was timely filed.

Accordingly, the involuntary dismissal entered by the district court is reversed, and the case is remanded for trial on the merits.

Who won?

Helen Stoleson prevailed in the case because the court found that the discovery rule applied, allowing her claim to be considered timely despite the two-year statute of limitations.

The court held her claim was timely.

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