Lincoln Electric Co. v. McLemore
54 So. 3d 833
Miss.2010Background
- McLemore, a welder, sued Lincoln Electric Company and ESAB for injuries from exposure to manganese in welding rods, diagnosed with manganism.
- Plaintiff filed suit in Copiah County Circuit Court in 2005; an amended complaint followed in 2006; summary judgment motions concerning statute of limitations were raised and denied.
- Trial occurred in 2008; a jury awarded McLemore nearly $1.86 million finding the Defendants liable; post-trial motions were denied.
- Appellants argued the action was time-barred under Mississippi’s three-year statute of limitations for latent injuries and that the verdict form mis-stated accrual, while McLemore argued accrual occurred on discovery of the injury.
- The Supreme Court held that, under the latent-injury discovery rule, accrual occurs upon discovery of the injury, and tolling did not save late filings; the trial court’s judgment was reversed and rendered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Accrual under 15-1-49(2) | McLemore argues accrual occurred upon discovery of manganism (October 2005). | McLemore should have sued by September 2005 based on discovery of injury (Parkinsonism diagnosed 2002). | Accrual upon discovery of the injury; October 2005 discovery supports timely filing. |
| Effect of voluntary dismissals on tolling | Tolling could apply due to prior suit filings and delays. | Voluntary dismissals do not toll the statute of limitations. | Voluntary dismissals do not toll; prior filings did not save the action. |
| Form of verdict related to accrual | Jury found accrual date consistent with discovery of injury. | Form may have mis-stated accrual inquiry. | Court did not analyze form because accrual dispositive; ruling stands on discovery accrual. |
Key Cases Cited
- Angle v. Koppers, Inc., 42 So. 3d 1 (Miss.2010) (accrual on discovery of injury, not discovery of cause)
- Owens-Illinois, Inc. v. Edwards, 573 So.2d 704 (Miss.1990) (accrual when diagnosed with disease)
- Schiro v. American Tobacco Co., 611 So.2d 962 (Miss.1992) (accrual upon discovery of cancer; right to sue vesting)
- Lowery v. PPG Architectural Finishes, Inc., 909 So.2d 47 (Miss.2005) (latent injury where plaintiff knew/should have known; consider plaintiff's actions)
- Marshall v. Kansas City Southern Ry. Co., 7 So.3d 210 (Miss.2009) (voluntary dismissal does not toll limitations)
- Koestler v. Mississippi Baptist Health Sys., Inc., 45 So.3d 280 (Miss.2010) (filing a complaint does not toll when dismissed voluntarily)
- Donald v. Amoco Prod. Co., 735 So.2d 161 (Miss.1999) (discovery of injury as trigger for accrual in latent-injury cases)
- Price v. Clark, 21 So.3d 509 (Miss.2009) (tolling and discovery principles for limitations)