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BROWN v. E.I. DUPONT DE NEMOURS & CO., INC.

Nos. 298, 2002, 299, 2002.

820 A.2d 362 (2003)

Michael BROWN and Lindsay Brown, as parents and natural guardians of Philip Brown; and Michael Brown and Lindsay Brown, Individually; Graham Copland and Susan Copland, as parents and natural guardians of Gary Copland; and Graham Copland and Susan Copland, Individually; Jonathan Johnstone and Jacqueline Johnstone, as parents and natural guardians of Jarad Johnstone, and Jonathan and Jacqueline Johnstone, Individually; Juveria Memon, as parent and natural guardian of Khalid Memon, and Juveria Memon, Individually, Plaintiffs Below, Appellants, v. E.I. DUPONT DE NEMOURS AND COMPANY, INC., Defendant Below, Appellee. Mark Ison and Karen Ison, as parents and natural guardians of Blake Ison; and Mark Ison and Karen Ison, Individually; Andrea Reilly, as parent and natural guardian of Jesse Hanham, and Andrea Reilly, Individually, Plaintiffs Below, Appellants, v. E.I. duPont de Nemours and Company, Inc., Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: April 15, 2003.

Attorney(s) appearing for the Case

Thomas C. Crumplar (argued), Jacobs & Crumplar, P.A., Wilmington; James L Ferraro, of Ferraro & Associates, P.A., Miami, FL, of counsel, for Appellants.

James W. Semple, Morris, James, Hitchens & Williams, LLP, Wilmington; Michael L. Martinez (argued), William L. Anderson, Barry M. Parsons and Katherine J. Nesbitt, of Crowell & Moring, LLP, Washington, D.C., of counsel, for Appellee.

Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER and STEELE, Justices, constituting the Court en Banc.

VEASEY, Chief Justice:

In this appeal, we hold that the statute of limitations for an alleged injury resulting from toxic exposure did not begin to run until the plaintiffs were on notice that the harmful effects of the toxic exposure were possibly caused by wrongful conduct. The infant victims in this case were born with eye conditions that their physicians originally believed were either genetic defects or natural occurrences...

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