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JOSEPH v. HESS OIL

No. 88-3039.

867 F.2d 179 (1989)

Benoit JOSEPH, Appellant, v. HESS OIL, Virgin Islands Corporation, Amerada Hess Corporation, St. Croix Petrochemical Corporation, Keene Corporation, Individually and as Successor in Interest to Baldwin Ehret-Hill Co., Keene Building Products Co., and Ehret Magnesia Manufacturing Co., Owens-Corning Fiberglas Corporation, Pittsburgh Corning Corporation, Celotex Corp., Successor in Interest to Phillip Carey Manufacturing Co., Philip Corporation, Briggs Manufacturing Company and Panacon Corporation, Eagle-Picher Industries, Inc., Raymark Industries, Inc., Successor in Interest to Raybestos Manhattan, Inc., and GAF Corporation.

United States Court of Appeals, Third Circuit.

Decided February 9, 1989.

Attorney(s) appearing for the Case

Edward Haskins Jacobs (argued), Jacobs and Brady, Christiansted, St. Croix, U.S. V.I., for appellant.

James F. Hammill (argued), McCarter & English, Philadelphia, Pa., for appellees The Keene Corp., Owens-Corning Fiberglas Corp., Pittsburgh Corning Corp., The Celotex Corp., Eagle-Picher Industries, Inc., GAF Corp., Fibreboard Corp., and Flexitallic Gasket Co., Inc.

Britain H. Bryant (argued), Stacy L. White, Law Offices of Britain H. Bryant & Associates, P.C., Christiansted, St. Croix, U.S. V.I., for appellees Hess Oil Virgin Islands Corp., St. Croix Petrochemical Corp. and Amerada Hess Corp.

R. Eric Moore, Law Offices of R. Eric Moore, Christiansted, St. Croix, U.S. V.I., Edgar A. Neely, III, Neely and Player, Atlanta, Ga., for appellee Raymark Industries, Inc.

Before GREENBERG, SCIRICA and WEIS, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This is an appeal from an order of the district court granting the defendants' motion for summary judgment pursuant to Fed.R.Civ.P. 56. The district court found that the plaintiff's tort claim was barred by the Virgin Island's two year statute of limitations. For reasons that follow, we conclude that a material question of fact exists with regard to the date plaintiff knew or should have known that he had contracted...

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