Patterson v. Consolidated Aluminum Corp.
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Dawn Elaine Patterson and her husband Brooks appealed the judgment entered by the Jefferson Circuit Court dismissing their claims against Consolidated Aluminum Corporation ("CAC") and its corporate owner Lonza America, Inc. ("Lonza"), as being barred by the applicable statute of limitations. On September 11, 2008, Dawn Patterson was diagnosed with malignant mesothelioma. On August 13, 2009, the Pattersons initiated this legal action, alleging that Dawn's mesothelioma was caused by exposure to asbestos. The Pattersons did not allege that Dawn had been directly exposed to materials containing asbestos at her home or workplace; rather, they alleged that Dawn was a victim of secondary exposure to asbestos as a result of her close contact with her father, Jerry Dison, and her grandfather, Melvin Lester, who they alleged had worked around materials containing asbestos for many years and who had allegedly brought home the asbestos dust that ultimately caused Dawn's mesothelioma. The Pattersons accordingly named Dison's and Lester's employers as defendants in their complaint, as well as various manufacturers of asbestos-containing products that Dison and Lester were alleged to have been exposed to in the course of their employment. The complaint also asserted claims against unknown defendants that had not yet been identified. The Pattersons sought to amend their complaint to substitute them for fictitiously named defendants. The trial court initially allowed the amendment but, in response to a motion filed by CAC and Lonza, subsequently held that the Pattersons' claims against them was barred by the statute of limitations. Upon review, the Supreme Court agreed: because the Pattersons did not promptly move to amend their complaint to substitute CAC and Lonza as defendants after learning of their identity and potential liability, they were not entitled to the benefit of the relation-back doctrine.
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