Rosas v. BASF Corp.
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Plaintiff appealed from judgments entered after the trial court granted summary judgment in favor of defendants. At issue on appeal was whether the evidence is susceptible to only one
legitimate inference supporting the conclusion that, as a matter of law, plaintiff was aware
of his injury and facts that would lead a reasonable person to suspect a wrongful cause for
that injury. The court reversed and remanded, concluding that the evidence is susceptible to more than one legitimate inference, and that it is a question of fact for the jury to determine whether the facts known to plaintiff before November 2006 were enough to put a reasonable person on inquiry notice that his lung disease was caused by the wrongful act of another.
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