Sopha v. Owens-Corning Fiberglas Corp.
Supreme Court of Wisconsin
601 N.W.2d 627 (1999)
Relevant factsFree
Robert Sopha (plaintiff) developed nonmalignant lung disease from asbestos exposure at Owens-Corning Fiberglas (defendant) and sued in 1987, a suit later dismissed with prejudice; in 1996 he was diagnosed with mesothelioma, a separate and unforeseeable asbestos-related cancer, and the Sophas sued again in 1997 over this new injury. The circuit court dismissed the 1997 suit as filed beyond the three-year limitations period measured from the original 1987 exposure, and Margaret Sopha appealed after Robert's death from the disease.
IssueFree
Whether prior and subsequent personal injuries allegedly arising from the same tort may be subject to different statutes of limitations.