PUSTEJOVSKY v. PITTSBURGH CORNING CORP.

No. 04-97-00768-CV.

980 S.W.2d 828 (1998)

Joe Ann PUSTEJOVSKY, Individually and as Personal Representative of the Heirs and Estate of Henry J. Pustejovsky, Jr., Deceased, Appellant, v. PITTSBURGH CORNING CORPORATION, Owens-Corning Fiberglas Corporation, and Rapid-American Corporation, Appellees.

Court of Appeals of Texas, San Antonio.

September 30, 1998.


Attorney(s) appearing for the Case

Janice Pennington, Lisa R. Kivett, Laurie J. Meggesin, Brent Marcus Rosenthal, Baron & Budd, P.C., Dallas, for Appellant.

Rick W. Thamm, Bean & Manning, L.L.P., Houston, Joseph Casseb, Goode, Casseb & Jones, San Antonio, Kevin F. Risley, Gilpin, Paxson & Bersch, L.L.P., Houston, Jeffrey S. Boyd, Thompson & Knight, Austin, G. Luke Ashley, Thompson & Knight, P.C., Dallas, Susan M. Hull, Jenkens & Gilchrist, P.C., Dallas, for Appellees.

Before RICKHOFF, DUNCAN and ANGELINI, JJ


OPINION

RICKHOFF, Justice.

In this summary judgment appeal, we must determine when a cause of action for asbestos-caused cancer accrued. The plaintiff contends that the cause of action accrued once the victim knew or reasonably should have known that he had cancer. We conclude, however, that the cause of action accrued once the victim knew or reasonably should have known that he suffered from some injury caused by occupational exposure to asbestos. Under...

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