Kraciun v. Owens-Corning Fiberglas Corp.

895 F.2d 444, 1990 U.S. App. LEXIS 1238, 1990 WL 6385
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 31, 1990
DocketNo. 88-2838
StatusPublished
Cited by3 cases

This text of 895 F.2d 444 (Kraciun v. Owens-Corning Fiberglas Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kraciun v. Owens-Corning Fiberglas Corp., 895 F.2d 444, 1990 U.S. App. LEXIS 1238, 1990 WL 6385 (8th Cir. 1990).

Opinion

LARSON, Senior District Judge.

Plaintiffs Louis and Phyllis Kraciun, Thomas and Bernice Kennedy, David and Jacquelyn Loehndorf, Donald and Jean Snook, Robert and Marlene Lilly, and John and Ursula Kenney appeal from the district court’s grant of summary judgment based on the magistrate’s report and recommendation that Iowa s two-year statute of limitations for personal injury actions barred their claims against various manufacturers of asbestos-containing insulation products. Louis Kraciun, Thomas Kennedy, David Loehndorf, Donald Snook, Robert Lilly, and John Kenney alleged they were exposed to defendants’ products as long-time workers at the E.I. du Pont de Nemours & Co. plant in Clinton, Iowa. Because we hold there are genuine issues of fact concerning when five of the six plaintiffs knew or reasonably should have known they had suffered an asbestos-related injury, we reverse the district court’s order in part and remand for further proceedings.

I.

Defendants are entitled to summary judgment under Rule 56(c) of the Federal Rules of Civil Procedure if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). Defendants assert there is no genuine issue of material fact concerning a valid defense to plaintiffs’ personal injury claims, namely, that their actions were not filed within Iowa’s two year statute of limitations. See Iowa Code § 614.1(2).

Plaintiffs filed their complaints in September, 1986. They claim the benefit of Iowa’s “discovery rule,” and argue the statute of limitations did not commence until they learned or reasonably should have learned of facts that would support a cause of action. See Kendall/Hunt Publishing Co. v. Rowe, 424 N.W.2d 235, 243 (Iowa 1988); Sparks v. Metalcraft, Inc., 408 N.W.2d 347, 351 (Iowa 1987). Because the “discovery rule” is an exception to the normal limitations period, plaintiffs have the burden of pleading and proving its application. Kendall/Hunt, 424 N.W.2d at [446]*446243; Franzen v. Deere & Co., 334 N.W.2d 730, 732 (Iowa 1983).

In responding to defendants’ summary judgment motion, plaintiffs are thus required to point to specific facts showing there is a genuine issue for trial concerning when their causes of action accrued. Fed. R.Civ.P. 56(e); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986). The district judge’s function, and ours, is to review the evidence presented in the light most favorable to the plaintiffs as the nonmoving parties. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986); Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986); Hines v. A.O. Smith Harvestore Products, Inc., 880 F.2d 995, 997 (8th Cir.1989).

The underlying rationale of the “discovery rule” is that a statute of limitations should not bar the remedies of claimants who have been excusably unaware of their rights to sue. Sparks, 408 N.W.2d at 352. Courts and commentators have been virtually unanimous in their endorsement of such a rule in toxic substances cases, although the precise formulation of the rule varies from jurisdiction to jurisdiction. See M. Green, The Paradox of Statutes of Limitations in Toxic Substances Litigation, 76 Cal.L.Rev. 965, 977-79 (1988).1

We are concerned in this case with Iowa’s application of the discovery rule. Under Iowa law, plaintiffs are charged not only with any actual knowledge they possessed concerning the facts underlying their causes of action, but also with “knowledge of what a reasonable investigation would have disclosed.” Sparks, 408 N.W.2d at 351.

The statute begins to run when [a] person gains knowledge sufficient to put him on inquiry. On that date, he is charged with knowledge of facts that would have been disclosed by a reasonably diligent investigation.... [OJnce a person is aware a problem exists, he has a duty to investigate even though he may not have exact knowledge of the nature of the problem that caused the injury.

Sparks, 408 N.W.2d at 351-52.

In Sparks v. Metalcraft, Inc., the Iowa Supreme Court affirmed a grant of summary judgment against plaintiff Sparks, holding Sparks had knowledge of sufficient facts upon which to posit an actionable claim against a solvent manufacturer no later than November 23, 1981. In 1980, Sparks admitted he was told by his physician, Dr. Carrow, that chemicals in a solvent Sparks used in his job were causing his physical symptoms of fatigue, heat intolerance, headaches, nausea, numbness of the feet, and weakness. The court ruled Dr. Carrow’s report, coupled with plaintiff’s admission that he became aware of the cause of his symptoms in 1980, “unequivocally suggests that the Sparkses were on inquiry as early as November, 1980 that the chemicals were causing Roland’s physical complaints.” Id. at 352. In selecting November 23, 1981 as the beginning of the limitations period for purposes of deciding defendant’s summary judgment motion, the Court noted that on that date plaintiff had sued his employer, alleging in the complaint that the solvent was the cause of his injuries; that Metalcraft manufactured the solvent; that Metalcraft had placed no warnings on the cans of solvent; and that the solvents were toxic. Id.

The Sparks Court relied upon an earlier Supreme Court decision, Franzen v. Deere & Co., 377 N.W.2d 660 (Iowa 1985), in reaching this result. Franzen involved a suit by an individual who was injured while working inside a forage wagon manufactured by Deere & Co. Plaintiff Franzen knew what caused his injury immediately after it had occurred: an apron on the floor of the forage wagon suddenly moved, which carried plaintiff’s arm into a revolving beater mechanism. Id. at 661, 663. Shortly after the injury, plaintiff made a [447]*447claim against the farmer who owned the forage wagon. Id. at 662.

Plaintiffs suit against the manufacturer of the wagon was not brought until 1982, three years after the accident occurred.

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43 F.3d 379 (Eighth Circuit, 1994)
Kraciun v. Owens-Corning Fiberglas Corporation
895 F.2d 444 (Eighth Circuit, 1990)

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895 F.2d 444, 1990 U.S. App. LEXIS 1238, 1990 WL 6385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kraciun-v-owens-corning-fiberglas-corp-ca8-1990.