Rucker v. Deere & Co.

539 S.E.2d 112, 208 W. Va. 169, 2000 W. Va. LEXIS 103
CourtWest Virginia Supreme Court
DecidedJuly 13, 2000
DocketNos. 26356-26361, 26423
StatusPublished

This text of 539 S.E.2d 112 (Rucker v. Deere & Co.) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rucker v. Deere & Co., 539 S.E.2d 112, 208 W. Va. 169, 2000 W. Va. LEXIS 103 (W. Va. 2000).

Opinion

PER CURIAM:

In this proceeding, the Court has consolidated seven separate appeals which involve essentially the same issues and which the Court believes should be resolved in the same way. Each appeal, except Appeal No. 26361, is from a decision of the Circuit Court of Kanawha County in a consolidated case involving numerous plaintiffs.1 In each decision, the circuit court granted the defendants summary judgment on the ground that the plaintiffs’ actions were barred by West Virginia’s statute of limitations. On appeal, the plaintiffs, who are the appellants here, claim that their actions were not barred by the statute of limitations or that, at the very least, their cases raised questions of fact for a jury as to whether their claims were barred by the statute of limitations and that summary judgment was inappropriate.

I.

FACTS

The facts involved in Appeal No. 26356 are typical of the facts of all the eases involved here. In the cases underlying Appeal No. 26356, the plaintiffs were blue collar workers, or former blue collar workers, who operated and/or worked in close proximity to heavy construction equipment, such as bulldozers, end loaders and cranes, at numerous construction jobs throughout of the State of West Virginia beginning as early as the 1950’s. Each plaintiff later suffered from hearing loss, which he claimed was an occupational hearing loss caused by continual exposure to noise generated by the equipment which he operated, or in close proximity to which he worked.

It appears that most or all the plaintiffs filed workers’ compensation claims. Additionally, they filed products liability lawsuits against the various manufacturers, including Deere & Company, of the machines which created the noise to which they were ex[173]*173posed. Those products liability lawsuits are the actions involved in the present appeal.

One of the claims of the plaintiffs in pursuing their products liability lawsuits was that the defendants, who manufactured the equipment which caused their hearing loss, improperly failed to install readily available noise reduction technology on the equipment, and that as a result of their failure to install such noise-reduction technology, they suffered the hearing losses to which they are now subject.

In each of the cases under review in Appeal No. 26356, the appellee Deere & Company moved for summary judgment on the ground that the plaintiffs’ actions are barred by the applicable West Virginia statute of limitations.2 Specifically, Deere & Company claimed first that the plaintiffs had not alleged that they were exposed to noise generated by Deere’s equipment within two years of the date on which they had filed their complaints and, secondly, that the plaintiffs, on their workers’ compensation applications, had indicated that they had been told by .a doctor more than two years prior to the date they filed their products liability complaints that their hearing loss was caused by noise on the job. Under the circumstances, Deere & Company claimed that each plaintiff had learned more than two years prior to the filing of his complaint the nature of his hearing loss injury.

To counter Deere & Company’s motion for summary judgment, the plaintiffs in the cases involved in Appeal No. 26356 submitted affidavits in which they indicated that at no time more than two years before they filed their complaints did they know, or have reason to know, that Deere & Company’s machines and the machines of the other defendants were defectively manufactured. While, in essence, conceding that they may not have instituted their actions within two years after they were actually injured, they took the position that they did not know, within the two-year period, that the conduct of Deere & Company was the cause of their injuries. They further took the position that they did institute their actions within two years after learning that the conduct of Deere & Company had a causal relationship to their injuries. They also contended that given the nature of their eases, summary judgment was inappropriate since a material question of fact which remained to be resolved as to when they discovered, or reasonably should have discovered, the essential elements of their products liability claims.

After taking the positions of the parties under consideration, the Circuit Court of Ka-nawha County rejected the plaintiffs’ contentions and granted Deere & Company summary judgment. In the cases involved in the other appeals which have been consolidated with Appeal No. 26356, the defendants moved for summary judgment on the same grounds asserted by Deere & Company in Appeal No. 26356; the plaintiffs opposed the granting of summary judgment on the same grounds that the plaintiffs in Appeal No. 26356; and the circuit court ultimately granted the defendants summary judgment.

In the present appeal, the plaintiffs claim that the Circuit Court of Kanawha County erred in granting the defendants’ motions for summary judgment.

II.

STANDARD OF REVIEW

This Court has indicated that “a circuit court’s entry of summary judgment is reviewed de novo.” Syllabus Point 1, Davis v. Foley, 193 W.Va. 595, 457 S.E.2d 532 (1995); Syllabus Point 1, Painter v. Peavy, 192 W.Va. 189, 451 S.E.2d 755 (1994). The Court has further indicated in Syllabus Point 3 of Aetna Casualty and Surety Company v. Federal Insurance Company of New York, 148 W.Va. 160, 133 S.E.2d 770 (1963) that: “A motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.”

[174]*174III.

DISCUSSION

Recently, in Gaither v. City Hospital, Inc., 199 W.Va. 706, 487 S.E.2d 901 (1997), this Court discussed when the statute of limitations period began to run on actions such as those involved in the present appeal. In Syllabus Point 4 of Gaither v. City Hospital, Inc., id., the Court concluded:

In tort actions, unless there is a clear statutory prohibition to its application, under the discovery rule the statute of limitations begins to run when the plaintiff knows, or by the exercise of reasonable diligence, should know (1) that the plaintiff has been injured, (2) the identity of the entity who owed the plaintiff a duty to act with due care, and who may have engaged in conduct that breached that duty, and (3) that the conduct of that entity has a causal relation to the injury.

Under this rule, the plaintiffs’ actions in the present proceedings would be barred only if the plaintiffs had failed to file their actions within two years after they knew, or by the exercise of reasonable diligence should have known, that (1) they had been injured, (2) the identity of the party or parties who owed them a duty to act with due care and who may have breached that duty, and (3) that the conduct of that entity, or those entities, bore a causal relationship to their injuries.

In Gaither v. City Hospital, Inc., id.,

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Related

Hickman v. Grover
358 S.E.2d 810 (West Virginia Supreme Court, 1987)
Fayette County National Bank v. Lilly
484 S.E.2d 232 (West Virginia Supreme Court, 1997)
Taylor v. Ford Motor Company
408 S.E.2d 270 (West Virginia Supreme Court, 1991)
Painter v. Peavy
451 S.E.2d 755 (West Virginia Supreme Court, 1994)
Aetna Casualty & Surety Co. v. Federal Insurance Co. of New York
133 S.E.2d 770 (West Virginia Supreme Court, 1963)
Gaither v. City Hospital, Inc.
487 S.E.2d 901 (West Virginia Supreme Court, 1997)
Davis v. Foley
457 S.E.2d 532 (West Virginia Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
539 S.E.2d 112, 208 W. Va. 169, 2000 W. Va. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rucker-v-deere-co-wva-2000.