PPG Architectural Finishes, Inc. v. Lowery
| Docket Number: | 2004-IA-01091-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 08-18-2005 Opinion Author: Smith, James W. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Products liability - Statute of limitations - Discovery rule - Latent injury - Section 15-1-49(2) Judge(s) Concurring: Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Graves, J. Procedural History: Bench Trial Nature of the Case: CIVIL - TORT |
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| Trial Court: |
Date of Trial Judgment: 05-20-2004 Appealed from: MADISON COUNTY CIRCUIT COURT Judge: Samac Richardson Disposition: The circuit court denied PPG’s summary judgment motion but granted its motion for certification of interlocutory appeal and stay of the proceedings. Case Number: 2000-0169 |
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| Party Name: | Attorney Name: | |||
| Appellant: | PPG ARCHITECTURAL FINISHES, INC |
MARK W. GARRIGA |
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| Appellee: | MELISSA LOWERY AND ANIMAL EMERGENCY CLINIC, P. A. | SHEILA M. BOSSIER, RICHARD ARTHUR FREESE, ALEXANDRA FRANCOISE MARKOV, BARRY DOUGLAS HASSELL, MICHAEL WAYNE BAXTER, ROBERT LOUIS GOZA |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Products liability - Statute of limitations - Discovery rule - Latent injury - Section 15-1-49(2) |
| Summary of the Facts: | Melissa Lowery filed suit against Animal Emergency Clinic, P.A., her former employer, and Aaron D. Massey Painting, a/k/a Madison Paints, Inc., alleging that AEC negligently required her to work in an unsafe environment and that Massey negligently used a type of paint that emitted extraordinarily dangerous fumes and failed to warn Lowery of the consequences, possible side effects and long term damages which could result from exposure. After Lowery received definitive medical confirmation that her illness had been caused by the exposure to paint fumes, she filed an amended complaint joining PPG Architectural Finishes, Inc., alleging products liability. PPG filed a motion for summary judgment arguing that Lowery’s claims were barred by the statute of limitations. The court denied PPG’s summary judgment motion but granted its motion for certification of interlocutory appeal. |
| Summary of Opinion Analysis: | The discovery rule should only be applied in limited circumstances in negligence and products liability cases involving latent injury. If a latent injury is not present the discovery rule would not apply. A latent injury is defined as one where the plaintiff will be precluded from discovering harm or injury because of the secretive or inherently undiscoverable nature of the wrongdoing in question or when it is unrealistic to expect a layman to perceive the injury at the time of the wrongful act. Section 15-1-49(2) provides that in actions for which no other period of limitation is prescribed and which involved latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury. The specific facts of the case will determine whether the plaintiff knew or reasonably should have known that an injury existed. By her own admission, Lowery knew when, how and by whom she had been injured on the night of her acute exposure. Seeking medical attention for side effects or symptoms confirms that Lowery knew she was injured. Lowery’s initial call to the Regional Poison Control Center and her subsequent visits to the emergency room identified the source of her exposure as “Porter Glyptex Enamel Paint.” Sufficient evidence exists, undisputed or admitted at present, that the AEC was painted with Porter Glyptex Enamel Paint. Lowery suffered immediate complications as a result of her acute exposure requiring her to go to an emergency room for treatment. Medical professionals, during the course of Lowery’s treatment, listed exposure to Porter Glyptex Enamel Paint as Lowery’s alleged cause of injury. |
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