Liddell v. SCA Services of Ohio, Inc.

635 N.E.2d 1233, 70 Ohio St. 3d 6
CourtOhio Supreme Court
DecidedAugust 3, 1994
DocketNo. 93-294
StatusPublished
Cited by32 cases

This text of 635 N.E.2d 1233 (Liddell v. SCA Services of Ohio, Inc.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Liddell v. SCA Services of Ohio, Inc., 635 N.E.2d 1233, 70 Ohio St. 3d 6 (Ohio 1994).

Opinion

Wright, J.

The issue presented to us today is whether a rule of discovery can be applied to toll the statute of limitations for a cause of action alleging negligent exposure to toxic chlorine gas, where the plaintiff subsequently develops a cancerous growth allegedly caused by the exposure, and where the cancer could not be, and was not, discovered until after the applicable statute of limitations governing causes of action for bodily injury had expired. In this case we decide that the application of the discovery rule is the appropriate solution.

I

This is an action for bodily injury and as such is subject to the statute of limitations set forth in R.C. 2305.10. That provision states that “[a]n action for bodily injury * * * shall be brought within two years after the cause thereof arose.” Liddell filed this cause of action for negligence on April 26, 1989. Thus, his claim is timely only if his cause of action arose after April 26, 1987.

II

SCA asserts that any cause of action for negligence which Liddell may have had arose on September 21, 1981, the date of exposure to the toxic chlorine gas. Specifically, SCA argues that when a traumatic event occurs in which a party is visibly injured, and at the same time the party is exposed to toxic fumes, any cause of action, whether regarding an immediately apparent injury or a later manifestation of cancer, arises at the time of the traumatic event that caused the exposure. SCA points out that because Liddell did not file this cause of action until April 26, 1989, over seven-and-a-half years after the exposure, his claim is time-barred by R.C. 2305.10, the applicable two-year statute of limitations. SCA further argues that permitting Liddell to maintain a cause of action for cancer now would, in effect, be permitting him to unlawfully split his causes of action.

Liddell contends that, because the cancer did not manifest itself immediately following his exposure to the toxic chlorine fumes, and because the cancer could not be detected before the applicable limitations period had run, his cause of action for negligence regarding the cancer did not begin to accrue until the cancer and its cause were discovered. He thus argues that his claim did not arise, and that R.C. 2305.10, the two-year statute of limitations governing this particular cause of action, did not begin to run until his doctors discovered the cancerous growth in his nasal cavity in January 1988. He maintains that because [9]*9he filed this cause of action within two years of discovering the cancer he is not barred by R.C. 2305.10 from pursuing his cause of action.

We find Liddell’s argument to be more persuasive.

Ill

As a preliminary matter, we must address SCA’s argument that in allowing Liddell to proceed with this claim we would be permitting him to split his causes of action in contravention of a well-established rule of law. A generally accepted legal principle states that “a personal injury caused by a single tortious wrongful act of negligence is an entirety, affords ground for only one action, and cannot be split up in order to bring separate actions for different elements of damages.” State ex rel. Weinberger v. Indus. Comm. (1941), 139 Ohio St. 92, 97, 22 O.O. 59, 62, 38 N.E.2d 399, 402. SCA insists that once an injury due to a defendant’s conduct is evident, a claim accrues for that injury and for all other injuries that may arise in the future as a result of the same conduct. More to the point, assuming a single identifiable event caused the subsequent cancer, SCA maintains that Liddell filed a workers’ compensation claim in 1981 for an injury resulting from the event, that he received a permanent partial disability award on account of the injury, that he thereby knew at least by 1983 that he had been permanently injured, that all the elements needed to bring a cause of action were evident within two years of the event, and that Liddell now cannot split his causes of action and maintain a separate claim based on his cancer. In fact, SCA attempts to convince us that this, and not the application of a rule of discovery to the statute of limitations, is the real issue in the instant case.

To bolster its argument, SCA points out that this case differs significantly from the asbestos cases where courts have held that a plaintiff can maintain a cause of action against a defendant when exposure to asbestos causes cancer, even though the plaintiff had been diagnosed with a noncancerous disease related to the exposure, such as asbestosis, much earlier and did not file a claim at that time. See Wilson v. Johns-Manville Sales Corp. (C.A.D.C.1982), 684 F.2d 111. In asbestos cases a plaintiff typically is exposed to asbestos over a period of time and cannot pinpoint one specific exposure that caused the cancer, whereas here a single identifiable event, not a creeping disease, allegedly caused Liddell’s cancer. In essence, SCA asserts that Liddell did not have the option to waive a tort claim for the harm immediately caused by the toxic gas and sue for a subsequent cancer, should it later develop. We disagree.

We need not and do not decide whether a judgment for bodily injury obtained by Liddell between 1981 and 1983 would have precluded a subsequent claim based on the cancer discovered in 1989. Rather, as Judge (now Justice) Ginsburg persuasively articulated in rejecting the claims-splitting argument in the District [10]*10of Columbia Court of Appeals, “[i]t suffices to point out that res judicata (claim preclusion) doctrine and policy would control the decision of that question. But the issue before us is not properly decided under the law governing judgments. Rules of res judicata (claim preclusion) and collateral estoppel (issue preclusion) concern the preclusive effects of former adjudication. Here, there has been no former adjudication, no prior action resulting in a judgment to be given effect in a subsequent action. In shaping its position largely on the basis of decisions concerning limitations on the opportunity in a second action to litigate claims that were litigated, or could have been litigated, in a prior action, Johns-Manville has misdirected its attention and argument. This case requires us to focus, not on judgments and their preclusive effects, but on statutes of limitations and the policies they implicate in personal injury actions. We therefore consider below the appropriate delineation of the claim or cause of action in suit in the relevant context.” (Emphasis sic; footnotes omitted.) Wilson, supra, at 117-118.1

IV

Statutes of limitations seek to prescribe a reasonable period of time in which an injured party may assert a claim, after which the statute forecloses the claim and provides repose for the potential defendant. Historically, plaintiffs have regarded statutes of limitations as irksome procedural barriers that obstruct otherwise valid claims. Thus these statutes consistently provide a ripe source for litigation.

Sound policy arguments exist, however, for the application of statutes of limitations.

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Cite This Page — Counsel Stack

Bluebook (online)
635 N.E.2d 1233, 70 Ohio St. 3d 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liddell-v-sca-services-of-ohio-inc-ohio-1994.