MANN v. A.H. ROBINS CO., INC.

No. 83-2530 Summary Calendar.

741 F.2d 79 (1984)

Sherry MANN and Richard B. Mann, Plaintiffs-Appellants, v. A.H. ROBINS COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 9, 1984.


Attorney(s) appearing for the Case

Kronzer, Abraham, Watkins, Nichols, Ballard & Friend, Craig Douglas Ball, Houston, Tex., for plaintiffs-appellants.

Fulbright & Jaworski, David B. Weinstein, Terry O. Tottenham, Houston, Tex., for defendant-appellee.

Before GEE, POLITZ and JOHNSON, Circuit Judges.


GEE, Circuit Judge:

This diversity case poses the question whether under Texas law a cause of action in tort accrues when a plaintiff injured by a defective product learns that she is ill, or whether her cause of action accrues when she learns (or reasonably could have learned) the cause of her illness. We find that the Texas "discovery rule" applies to this action and dictates that knowledge of cause in fact determines when the cause of action accrues. Accordingly...

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