GREEN v. A.P.C. (AM. PHARMACEUTICAL CO.)

No. 65641-0.

960 P.2d 912 (1998)

136 Wash.2d 87

Kathleen M. GREEN and Joshua Green IV, wife and husband, Respondents, v. A.P.C. (AMERICAN PHARMACEUTICAL CO.); Kirkman Laboratories, formerly Kirkman Pharmaceutical Co.; Eli Lilly & Company; E.R. Squibb & Sons; and Stanlabs, Petitioners.

Supreme Court of Washington, En Banc.

Decided August 20, 1998.


Attorney(s) appearing for the Case

Helsell, Fetterman, Martin, Todd & Hokanson, Karen J. Vanderlaan, Fallon & McKinley, Nancy McKinley, Williams, Kastner & Gibbs, Douglas A. Hofmann, Jan Kirkwood, Seattle, Shook, Hardy & Bacon, David W. Brooks, Kansas City, MO, for Petitioners.

Messina Law Firm, Stephen Bulzomi, John Messina, De Costa Law Firm, Virginia L. De Costa, Tacoma, for Respondents.

Lane, Powell, Spears & Lubersky, Michael King, Linda Clapham, Seattle, Amicus Curiae on behalf of Washington Defense Trial Lawyers.

Harbaugh & Bloom, Gary Bloom, Bryan P. Harnetiaux, Debra Stephens, Spokane, Amicus Curiae on behalf of Washington State Trial Lawyers Association.

Schroeter, Goldmark & Bender, Janet L. Rice, William J. Rutzick, Mark Leemon, Kristin M. Houser, Sandra E. Widlan, Seattle, Amicus Curiae on behalf of Schroeter, Goldmark & Bender.


TALMADGE, Justice.

We are asked in this case to decide if distinct statutory limitations periods apply to putatively separate and distinct injuries arising from exposure to toxic products. We reaffirm the basic rule that for purposes of the statute of limitations a cause of action claiming harm from exposure to a toxic product accrues when the plaintiff knew or should have known the essential elements of the claim. As to the harm element of a claim, the plaintiff...

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