951 F.2d 1235 (11th Cir. 1992), 90-9173, Welch v. Celotex Corp.
|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|
Brent M. Rosenthal, Baron & Budd, PC, Janice Robinson, Dallas, Tex., for plaintiff-appellant.
Greene Buckley Jones & McQueen, Atlanta, Ga., for Celotex.
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.
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...
To continue readingFREE SIGN UP