Piper v. International Business Machines Corp.

219 A.D.2d 56, 639 N.Y.S.2d 623, 1996 N.Y. App. Div. LEXIS 2858
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 8, 1996
DocketAppeal No. 2
StatusPublished
Cited by21 cases

This text of 219 A.D.2d 56 (Piper v. International Business Machines Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Piper v. International Business Machines Corp., 219 A.D.2d 56, 639 N.Y.S.2d 623, 1996 N.Y. App. Div. LEXIS 2858 (N.Y. Ct. App. 1996).

Opinion

OPINION OF THE COURT

Green, J.

Barbara Piper (plaintiff) seeks to recover damages for injuries she allegedly sustained as the result of typing on a computer keyboard manufactured by defendant International Business Machines Corporation (IBM). The sole issue before us is whether the action is barred by the three-year limitation period of CPLR 214 (5). Resolution of that issue turns on when the Statute of Limitations began to run. We hold that, in the circumstances presented, accrual is measured from the date on which each of plaintiff’s alleged injuries manifested itself.

From 1987 until early January 1990, plaintiff was employed as a secretary at Clarklift of Buffalo. During that period, she typed on an IBM PCXT keyboard an average of 51/2 hours per workday. In 1987 plaintiff began to experience occasional pain, stiffness, tingling and numbness in her right hand. She first consulted a physician in August 1989, when those symptoms became more persistent and intense. At that time she was diagnosed with right carpal tunnel syndrome. Three months later, the same symptoms developed in plaintiff’s left hand. Plaintiff returned to her physician and was diagnosed with left carpal tunnel syndrome.

Plaintiff commenced this action on April 4, 1991. Relying upon the admission by plaintiff that she first experienced symptoms of her alleged injuries in 1987, more than three years prior to the commencement of the action, IBM moved for summary judgment dismissing the complaint as time barred. In opposition to the motion, plaintiff submitted an affidavit from Dr. Normal! Petigrow, a surgeon specializing in occupational medicine. After reviewing plaintiff’s medical rec[58]*58ords, Dr. Petigrow concluded that plaintiff did not sustain injury to her right hand until August 1989, when the pain, tingling and stiffness she was experiencing ripened into a diagnosable condition, i.e., right carpal tunnel syndrome. Dr. Petigrow further asserted that, "[cjarpal tunnel syndrome of the left hand is a totally separate and distinct injury from carpal tunnel syndrome of the right hand.” Plaintiff did not sustain injury to her left hand, the doctor determined, until she was diagnosed with left carpal tunnel syndrome in November 1989.

Supreme Court denied IBM’s motion for summary judgment, concluding: (1) that there is a question of fact when the injury to plaintiff’s right hand occurred and (2) that the evidence established as a matter of law that the injury to plaintiff’s left hand occurred within the statutory period. The court subsequently granted IBM’s motion for reargument and, upon reargument, adhered to its determination denying summary judgment.

Based upon the evidence presented, we share Supreme Court’s view that plaintiff’s right and left carpal tunnel syndrome are separate injuries for Statute of Limitations purposes. We do not agree, however, that there is a question of fact when the injury to plaintiff’s right hand occurred. In our view, defendant’s motion for summary judgment dismissing the complaint should have been granted to the extent that the complaint seeks damages arising from injury to plaintiff’s right hand.

As a general rule, an action to recover damages for personal injuries must be commenced within three years from the date of injury (see, Snyder v Town Insulation, 81 NY2d 429, 432; Victorson v Bock Laundry Mach. Co., 37 NY2d 395, 399; Schmidt v Merchants Desp. Transp. Co., 270 NY 287, 300-301, rearg denied 271 NY 531; but see, CPLR 214-a, 214-b, 214-c). The injury itself, rather than the negligent act by defendant or discovery of the wrong by plaintiff, marks the date of accrual (see, Kronos, Inc. v AVX Corp., 81 NY2d 90, 94). "Stated another way, accrual occurs when the claim becomes enforceable, i.e., when all elements of the tort can be truthfully alleged in a complaint” (Snyder v Town Insulation, supra, at 432).

Fixing the date of injury, however, is not simply a matter of expert medical opinion or empirical fact. Rather, determining when the Statute of Limitations begins to run "depends on a nice balancing of policy considerations” (Victorson v Bock Laundry Mach. Co., supra, at 403; accord, Snyder v Town [59]*59Insulation, supra, at 435). As a matter of policy, the courts have sought to balance "the manufacturer’s interest in defending a claim before his ability to do so has deteriorated through passage of time, on the one hand, and, on the other, the injured person’s interest in not being deprived of his claim before he has had a reasonable chance to assert it” (Martin v Edwards Labs., 60 NY2d 417, 425).

As the Court of Appeals recognized in Martin v Edwards Labs. (supra), practical and policy considerations have produced three distinct lines of cases addressing accrual in situations where, as here, the development of the condition for which compensation is sought is not immediately apparent to the injured plaintiff. In cases where the injury results from the inhalation, ingestion or injection of harmful substances, the time to sue runs from the introduction of that harmful substance into the body (see, Consorti v Owens-Corning Fiberglas Corp., 86 NY2d 449 [inhalation of asbestos]; Snyder v Town Insulation, supra [inhalation of ureaformaldehyde foam insulation]; Fleishman v Eli Lilly & Co., 62 NY2d 888, rearg denied 63 NY2d 771, mot to amend remittitur granted 63 NY2d 1017, cert denied 469 US 1192 [ingestion of diethylstilbestrol]; Matter of Steinhardt v Johns-Manville Corp., 54 NY2d 1008, mot to amend remittitur granted 55 NY2d 802, cert denied 456 US 967 [inhalation of asbestos]; Thornton v Roosevelt Hosp., 47 NY2d 780 [injection of thorium dioxide]; Schwartz v Heyden Newport Chem. Corp., 12 NY2d 212, mot to amend remittitur granted 12 NY2d 1073, cert denied 374 US 808 [injection of carcinogenic substance]; Schmidt v Merchants Desp. Transp. Co., supra [inhalation of dust]).

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Bluebook (online)
219 A.D.2d 56, 639 N.Y.S.2d 623, 1996 N.Y. App. Div. LEXIS 2858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piper-v-international-business-machines-corp-nyappdiv-1996.