CHRISTENSEN v. PHILIP MORRIS USA INC.

No. 02136 Sept. Term, 2003.

875 A.2d 823 (2005)

162 Md. App. 616

Nona K. CHRISTENSEN, et al. v. PHILIP MORRIS USA INC., et al.

Court of Special Appeals of Maryland.

June 8, 2005.


Attorney(s) appearing for the Case

Edward J. Lilly (Theodore M. Flerlage, Law Offices of Peter G. Angelos, on the brief), Baltimore, MD, for appellant.

Bruce D. Ryder (J. William Newbold, Michael B. Minton, on the brief), St. Louis, MO, (Kathleen M. McDonald, on the brief), Baltimore, MD, for appellee.

Panel: HOLLANDER, SHARER, CHARLES E. MOYLAN, JR., (Retired, specially assigned) JJ.


HOLLANDER, J.

This appeal involves the interplay of the statute of limitations, the discovery rule, and the doctrine of equitable tolling, and the competing policies that support each one. Russell E. Christensen ("Christensen" or the "Decedent"), was diagnosed with lung cancer in mid 1998. Although Christensen had been a cigarette smoker for thirty years, he had ceased smoking more than twenty years before he was diagnosed with lung cancer, from which he died on January...

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