Pooshs v. Philip Morris USA Inc.
- Case Date: 10/15/2008
- Project Name: Civil Justice Reform
On May 5, 2011, the California Supreme Court revived a personal injury lawsuit that was filed more than 15 years after the plaintiff knew that she had suffered a serious injury and had reason to suspect that a product manufacturer was responsible. The decision was a setback for WLF, which filed a brief urging that the plaintiff’s lawsuit was time-barred. WLF argued that statutes of limitations begin to run from the date on which the plaintiff discovers that he has been injured by the defendant’s alleged wrongdoing. The fact that the plaintiff may later discover that he has suffered a second injury caused by that same wrongdoing does not re-start the clock for statute of limitations purposes, WLF argued. The court disagreed, holding that a when (as alleged here) a later-discovered disease is a separate and distinct injury from an earlier-discovered disease, the earlier disease does not trigger the statute of limitations for a lawsuit based on the later disease.
More Information and Downloads:
9/8/2009: Download the Brief
10/15/2008: Download the Brief