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WILBER v. OWENS-CORNING FIBERGLASS CORP.

No. 90-882.

476 N.W.2d 74 (1991)

Charlotte WILBER, Individually and as Executor of the Estate of Donald A. Wilber, Deceased, Appellant, v. OWENS-CORNING FIBERGLASS CORPORATION, et al., Appellees.

Supreme Court of Iowa.

October 16, 1991.

Attorney(s) appearing for the Case

Frank Watson and John Gajdel of Watson & Gajdel, Des Moines, and Charles S. Siegel, Christina L. Lewis and Janice Robinson of Baron & Budd, P.C., Dallas, Tex., for appellant.

John D. Ackerman and Ruth P. Clark of Eidsmoe, Heidman, Redmond, Fredregill, Patterson & Schatz, Sioux City, for appellee Owens-Corning Fiberglass Corp.

Gregory G. Barntsen of Smith, Peterson, Beckman & Willson, Council Bluffs, E. Ralph Walker and Cecelia C. Ibson of Davis, Hockenberg, Wine, Brown, Koehn & Shors, Des Moines, and R. Todd Gaffney of Duncan, Jones, Riley & Finley, P.C., Des Moines, for other appellees.

Considered by HARRIS, P.J., and SCHULTZ, CARTER, LAVORATO, and SNELL, JJ.

HARRIS, Justice.

An insulation worker's suit against an asbestos manufacturer for personal injuries was dismissed because of a two-year statute of limitations. The question involves the discovery rule. The worker knew for more than two years that he suffered from asbestosis, but did not know he would develop mesothelioma. The trial court determined the discovery rule did not excuse the late filing. We think it did and hence reverse and remand.

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