951 F.2d 1235 (11th Cir. 1992), 90-9173, Welch v. Celotex Corp.

Docket Nº:90-9173.
Citation:951 F.2d 1235
Party Name:Dallas V. WELCH, Plaintiff-Appellant, v. CELOTEX CORPORATION, etc., et al., Defendants, Armstrong World Industries, Inc., a corporation incorporated under the laws of Pennsylvania, formerly named Armstrong Cork Co., Fibreboard Corp., a corporation incorporated under the laws of Delaware, individually and as successor in interest to Plan Rubber Asbe
Case Date:January 28, 1992
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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Page 1235

951 F.2d 1235 (11th Cir. 1992)

Dallas V. WELCH, Plaintiff-Appellant,

v.

CELOTEX CORPORATION, etc., et al., Defendants,

Armstrong World Industries, Inc., a corporation incorporated

under the laws of Pennsylvania, formerly named Armstrong

Cork Co., Fibreboard Corp., a corporation incorporated under

the laws of Delaware, individually and as successor in

interest to Plan Rubber Asbestos Company, GAF Corporation, a

corporation incorporated under the laws of Delaware,

individually and as successor in interest to Ruberoid

Company, Keene Corporation, a corporation incorporated under

the laws of New Jersey, individually and as successor in

interest to Baldwin Hill Company, Baldwin-Thret-Hill

Company, Keene Building Products Corporation and Ethert

Magnesia Co., Pittsburgh-Corning Corporation, a corporation

incorporated under the laws of Pennsylvania, United States

Mineral Products Co., a corporation incorporated under the

laws of New Jersey, and Owens-Illinois, Inc., Defendants-Appellees.

No. 90-9173.

United States Court of Appeals, Eleventh Circuit

January 28, 1992

Brent M. Rosenthal, Baron & Budd, PC, Janice Robinson, Dallas, Tex., for plaintiff-appellant.

Greene Buckley Jones & McQueen, Atlanta, Ga., for Celotex.

Page 1236

Neely & Player, Atlanta, Ga., Steven Heath, John H. Peavy, Jr., Athens, Ga., for Raymark.

Appeal from the United States District Court for the Northern District of Georgia.

Before KRAVITCH and BIRCH, Circuit Judges, and KAUFMAN [*], Senior District Judge.

FRANK A. KAUFMAN, Senior District Judge:

In this diversity action, Dallas Welch appeals from the district court's grant of summary judgment for appellees on the ground that that court erred in holding that Georgia's applicable two-year statute of limitations barred appellant's personal injury action. We agree with appellant and reverse and remand for further proceedings in accordance with this opinion.

I.

Since 1967 appellant Welch has worked for several companies as an insulator. During that employment, Welch allegedly was exposed to asbestos-containing products manufactured and/or distributed by appellees. In 1984, Welch began to experience shortness of breath and became concerned that he could be developing an asbestos-related disease. On or about December 14, 1984, Welch filed a workers' compensation claim 1, alleging asbestosis, against his employer, American Insulation Company. In June, 1985, Welch's chest was x-rayed. Dr. Holstein, a pulmonary specialist, read that x-ray in April, 1986, and noted some evidence of pleural thickening consistent with pleural asbestosis, but did not diagnose Welch as suffering from asbestosis. On May 1, 1987, Welch underwent a complete medical examination by Dr. Holstein. In an evaluation dated June 22, 1987, Dr. Holstein diagnosed Welch as having...

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