Pitts v. Northern Telecom, Inc.
| Decision Date | 29 October 1998 |
| Docket Number | No. CIV.A. 95-4799.,CIV.A. 95-4799. |
| Citation | 24 F.Supp.2d 437 |
| Parties | Chrystal Lynn PITTS v. NORTHERN TELECOM, INC., Northern Telecom, Ltd., Honeywell, Inc., Key Tronic Corp., Apertus Technologies, Inc. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
Bethann P. Schaffzin, Philadelphia, PA, for Plaintiff.
Howard M. Klein, Philadelphia, PA, Andrew Hanan, Philadelphia, PA, Frederick W. Rom, Philadelphia, PA, Peter F. Jones, Denver, CO, Kevin E. O'Brien, Denver, CO, Robert McCormick, Denver, CO, Fiona J. Van Dyck, Philadelphia, PA, Laurie H. Polinsky, Philadelphia, PA, Leslie T. Bradley, Philadelphia, PA, Michael W. McTigue, Jr., Philadelphia, PA, Joseph M. Cincotta, Philadelphia, PA, Alan R. Gries, Philadelphia, PA, Alan H. Ross, Philadelphia, PA, Mark R. Bosniak, Philadelphia, PA, for Defendants.
Presently before the court are the motions of defendants Northern Telecom, Inc. (NTI), Apertus Technologies, Inc. and Key Tronic Corp. for summary judgment in this repetitive-stress injury case. Plaintiff alleges that she developed bilateral carpal tunnel syndrome from using the computer keyboards provided to her during her employment as a directory assistance operator at Bell Atlantic.
Plaintiff filed this action in the Philadelphia Common Pleas Court. She asserts against each defendant strict liability and negligence claims. She also asserts claims for breach of unspecified express warranties and for breach of implied warranties of merchantability and fitness for a particular purpose. Defendants removed the action to this court pursuant to 28 U.S.C. § 1441.
In considering a motion for summary judgment, the court must determine whether "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Arnold Pontiac-GMC, Inc. v. General Motors Corp., 786 F.2d 564, 568 (3d Cir. 1986). Only facts that may affect the outcome of a case are "material." Anderson, 477 U.S. at 248, 106 S.Ct. 2505. All reasonable inferences from the record must be drawn in favor of the non-movant. See id. 477 U.S. at 256, 106 S.Ct. 2505.
Although the movant has the initial burden of demonstrating the absence of genuine issues of material fact, the non-movant must then establish the existence of each element on which it bears the burden of proof. J.F. Feeser, Inc. v. Serv-A-Portion, Inc., 909 F.2d 1524, 1531 (3d Cir.1990) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)), cert. denied, 484 U.S. 1066, 108 S.Ct. 1028, 98 L.Ed.2d 992 (1988). The non-moving party may not rest on his pleadings, but must come forward with evidence from which a reasonable jury could return a verdict in his favor. See Anderson, 477 U.S. at 248, 106 S.Ct. 2505; Williams v. Borough of West Chester, 891 F.2d 458, 460 (3d Cir.1989); Woods v. Bentsen, 889 F.Supp. 179, 184 (E.D.Pa.1995).
The pertinent facts as uncontroverted or taken in a light most favorable to plaintiff are as follow.
Plaintiff began working for Bell Atlantic in 1988. Between 1988 and 1990, she used a keyboard manufactured and sold by defendant Apertus. Between 1990 and June 1994, she used keyboards manufactured and sold by defendant NTI. At some time during this period, defendant Key Tronic provided keyboards to IBM which it in turn provided to NTI.
Plaintiff began to suffer from pain in her hands and wrists shortly after she began working in 1988. She initially thought this was simply the result of becoming acclimated to a job requiring constant typing, however, the pain worsened over time. Plaintiff thought that her ailments were the result of pregnancy-induced edema. She states that she had previously been under the impression that carpal tunnel syndrome was caused by pregnancy or repetitive motion and did not believe that "repetitive motion" included working in front of a computer.
Clarence Martin, M.D. examined plaintiff on February 12, 1992. While in retrospect he believes plaintiff might have been suffering from carpal tunnel syndrome on that date, he did not then diagnose her with that condition. A Bell Atlantic company physician diagnosed plaintiff on July 14, 1993 as having carpal tunnel syndrome. Plaintiff does not aver or present any evidence that she consulted any physician in the interim.
Plaintiff has testified that "a few years" before July 15, 1993 she began to experience a tingling sensation in her fingers and the sensation of her hand falling asleep. The symptoms progressed to "shooting pains" up and down her arm and as early as 1990 she experienced numbness in her arms, hands and fingertips which caused her to use only one hand to type while resting the other.
In 1991 or 1992, plaintiff received and read a brochure distributed by Bell Atlantic regarding workplace ergonomics which specifically discussed the possibility of hand and wrist injuries caused by typing. In 1991 or 1992, plaintiff attended a Bell Atlantic training session regarding workplace ergonomics.
During Dr. Martin's examination of plaintiff in February 1992, she complained of pain and swelling in her left arm and she described for the doctor how she performed her job tasks.
Plaintiff's first child was born on September 2, 1993. Thus, plaintiff's complaints to Dr. Martin of arm pain predated her pregnancy.
Defendants contend that the statute of limitations began to run on plaintiff's claims no later than February 12, 1992 and are thus time-barred. Plaintiff contends that the statute of limitations did not begin to run until the Bell Atlantic physician told her on July 14, 1993 that she suffered from carpal tunnel syndrome and thus her claims were timely filed, albeit without a day to spare.
Statutes of limitation are not "technicalities" but rather are "fundamental to a well-ordered judicial system." U.S. v. Richardson, 889 F.2d 37, 40 (3d Cir.1989). The Pennsylvania statute of limitations for personal injuries is two years. 42 Pa.C.S.A. § 5524(2).
The time for a tort action begins to accrue when an injury is sustained. Bohus v. Beloff, 950 F.2d 919, 924 (3d Cir.1991). The statute of limitations begins to run "as soon as the right to institute and maintain a suit arises." Pocono Int'l Raceway, Inc. v. Pocono Produce, 503 Pa. 80, 468 A.2d 468, 471 (1983). Lack of knowledge, mistake or misunderstanding do not toll the running of the limitations period, even though a party may not discover his injury until it is too late to afford a remedy. Id. For a claim to accrue, the plaintiff need not know the exact medical cause of an injury, that the injury was caused by another party's negligence or that he has a legal cause of action. Bohus 950 F.2d at 924-25.
An individual asserting a cause of action must "use all reasonable diligence to be properly informed of the facts and circumstances upon which a potential right of recovery is based and to institute suit within the prescribed statutory period." Id. See also A. McD. v. Rosen, 423 Pa.Super. 304, 621 A.2d 128, 130 (1993); Petri v. Smith, 307 Pa.Super. 261, 453 A.2d 342, 346 (1982).
Pennsylvania recognizes the so-called "discovery rule" which tolls the running of a statute of limitations until such time as the plaintiff knows or reasonably should know that he has sustained an injury caused by another party's conduct. A. McD., 621 A.2d at 130; Levenson v. Souser, 384 Pa.Super. 132, 557 A.2d 1081, 1086-87, appeal denied, 524 Pa. 621, 571 A.2d 383 (1989); Cathcart v. Keene Indus. Insulation, 324 Pa.Super. 123, 471 A.2d 493, 500 (1984).
The standard of reasonable diligence is an objective one. Baily v. Lewis, 763 F.Supp. 802, 806 (E.D.Pa.1991), aff'd, 950 F.2d 721 (3d Cir.1991); Kingston Coal Co. v. Felton Min. Co., Inc., 456 Pa.Super. 270, 690 A.2d 284, 289, appeal denied, 549 Pa. 702, 700 A.2d 441, (1997). The statute is tolled only if a reasonable person in plaintiff's position would not have been aware of the salient facts. Baily, 763 F.Supp. at 806.
It has been recognized that there are very few facts which cannot be discovered through the exercise of reasonable diligence. Vernau v. Vic's Market, Inc., 896 F.2d 43, 46 (3d Cir.1990); Urland v. Merrell-Dow Pharmaceuticals, Inc., 822 F.2d 1268, 1273 (3d Cir. 1987). Once plaintiff is aware of the salient facts, his failure to investigate or to exercise reasonable diligence in the investigation will not prevent the statute of limitations from running. O'Brien v. Eli Lilly & Co., 668 F.2d 704, 710 (3d Cir.1981).
When the only reasonable conclusion from the competent evidence of record construed most favorably to the plaintiff is that the time it took for the plaintiff to file suit was unreasonable, summary judgment should be granted. See Carns v. Yingling, 406 Pa.Super. 279, 594 A.2d 337, 340 (1991); MacCain v. Montgomery Hosp., 396 Pa.Super. 415, 578 A.2d 970, 974 (1990), appeal denied 527 Pa. 624, 592 A.2d 45 (1991).
The polestar of Pennsylvania's discovery rule is not plaintiff's actual knowledge but whether the pertinent information was knowable to plaintiff through an exercise of due diligence. Bohus, 950 F.2d at 925; Cochran v. GAF Corp., 430 Pa.Super. 175, 633 A.2d 1195, 1198 (1993). "The failure to make inquiry when information is available is failure to exercise reasonable diligence as a matter of law." Id. A plaintiff has the burden of justifying any delay beyond the date the limitations period would have expired if computed from the date of injury. Van Buskirk v. Carey Canadian Mines, Ltd., 760 F.2d 481, 487 (3d Cir.1985). Thus, plaintiff must show that she could not have ascertained the operative facts underlying her cause of action even one day earlier through an...
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