Dabaldo v. URS Energy & Construction
2014 Del. LEXIS 56
| Del. | 2014Background
- DaBaldo worked at the Getty Tidewater Oil Refinery in Delaware from 1967 to 2001.
- 1992 chest x-ray showed bilateral calcified pleural plaques suspicious for asbestos exposure and was accompanied by a discussion of asbestos-related pleural disease.
- A 1992 CT scan report similarly indicated mild asbestos-related pleural disease; DaBaldo did not receive these reports.
- Dr. Nottingham advised baseline pulmonary tests after the 1992 findings; DaBaldo subsequently had baseline PFTs showing normal function.
- 1999 chest x-ray suggested a known history of asbestosis and findings compatible with given history, but there is no record DaBaldo received or was diagnosed with asbestosis at that time.
- DaBaldo was diagnosed with asbestosis by Dr. Eliasson in 2007, and filed the complaint on May 5, 2009; the Superior Court granted summary judgment as time-barred, which this Court reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does the asbestos claim accrue under multi-disease law? | DaBaldo tolls until 2007 due to discovery of asbestosis. | Knowledge of disease by 1992 or 1999 triggers a 1994 or earlier deadline. | Discovery-based tolling governs; claim timely filed in 2009. |
| Is 1999 'known history of asbestosis' enough to bar the claim? | 1999 report did not diagnose asbestosis; record shows pleural disease, not asbestosis. | 1999 report indicated known history of asbestosis, implying knowledge. | Not sufficient to charge knowledge; actual diagnosis occurred in 2007. |
Key Cases Cited
- Sheppard v. A.C. & S. Co., 498 A.2d 1126 (Del. Super. Ct. 1985) (multi-disease approach to asbestos claims; separate accrual times for different diseases)
- Keene Corp. v. Sheppard, 503 A.2d 192 (Del. 1986) (affirmation of multi-disease accrual framework)
- In re Asbestos Litigation, 673 A.2d 159 (Del. 1996) (established discovery-rule framework for latent asbestos diseases)