Schlumberger Technology Corp. v. Pasko (Per Curiam)Annotate this Case
In this personal injury case, the Supreme Court reversed the judgment of the court of appeals reversing the trial court’s grant of summary judgment in favor of Defendant based on limitations, holding that the court of appeals erred in applying the discovery rule.
Plaintiff was injured when he was exposed to and burned by caustic chemicals while working at an oil well site. Less than two years later, Plaintiff sued several defendants. Plaintiff joined Defendant more than two years after he was injured but less than two years after he was diagnosed with cancer, which he attributed to the chemical exposure. Plaintiff argued that he sued Defendant in a timely manner because his cancer was inherently undiscoverable and that his cause of action did not accrue until he discovered the cancer. The court of appeals reversed the summary judgment for Defendant, concluding that Plaintiff raised a genuine issue of material fact about whether he knew or should have known the nature of his injury before his cancer diagnosis. The Supreme Court reversed, holding that the court of appeals incorrectly applied the discovery rule and the latent occupational disease rule.