Gloria Harris DUNN, Executrix of the Estate of Jerry Lewis Dunn, Deceased,
v.
PACIFIC EMPLOYERS INSURANCE COMPANY; Loss Control Services, Inc.; David A. Fraser, Sc.D.; Ennis, Lumsden, Boylston & Associates, Inc.; MacDermid, Inc.; Circuit Services Corp.; Mallinckrodt, Inc., Enthone, Inc.; Ashland International Corp.; Photo Chemical Systems; and Chemtech Industries, Inc.
Supreme Court of North Carolina.https://leagle.com/images/logo.png
July 17, 1992.
July 17, 1992.
Attorney(s) appearing for the Case
David H. Rogers, Raleigh, for plaintiff-appellant.
Merriman, Nicholls & Crampton, P.A. by W. Sidney Aldridge, Raleigh, for defendant-appellee, Ennis, Lumsden, Boylston & Associates, Inc.
LeBoeuf, Lamb, Leiby & MacRae by George R. Ragsdale, Raleigh, for defendant-appellee, OMI Internat. Corp.
Teague, Campbell, Dennis & Gorham by Thomas M. Clare, Raleigh, for defendant-appellees, Pacific Employers Ins. Co., Loss Control Services, Inc., and Chemtech Industries, Inc.
Bailey & Dixon by Carson Carmichael, III, Raleigh, for defendant-appellee, MacDermid, Inc.
Poyner & Spruill by Beth R. Fleishman, Raleigh, for defendant-appellee, Photo Chemical Systems, Inc.
Moore & Van Allen by Elizabeth M. Powell, Raleigh, for defendant-appellee, Ashland Oil, Inc.
Haworth, Riggs, Kuhn & Haworth by John Haworth, High Point, for defendant-appellee, Dynachem Corp.
Brooks, Stevens & Pope, by David Victor Brooks, Cary, for defendant-appellee, David A. Fraser, Sc.D.
Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Robert W. Sumner, Raleigh, for defendant-appellee, Circuit Services Corp.
Manning, Fulton & Skinner by Michael T. Medford, Raleigh, for defendant-appellee, Mallinckrodt, Inc.
Janet Ward Black, Wallace, Whitley & Black, Salisbury, and J. Wilson Parker, Wake Forest University School of Law, Winston-Salem, for amicus curiae, North Carolina Academy of Trial Lawyers.
Thomas W.H. Alexander, Raleigh, for North Carolina Ass'n of Defense Attys., amici curiae.
Supreme Court of North Carolina.
EXUM, Chief Justice.
This is a civil action grounded in negligence in which plaintiff seeks to recover damages for the wrongful death of her husband, Jerry Lewis Dunn. Plaintiff's husband was diagnosed as having liver cancer in August of 1985 and died from that disease on 24 June 1987. Plaintiff filed this wrongful death action on 23 June 1989. The issue is whether a wrongful death action filed more than three years after diagnosis of the fatal disease but within...
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