Friable Thoughts

Monday, January 09, 2006

New Disease Won't Relate Back in Kentucky

Kentucky is a "one disease" state for asbestos claims. Sue once, can't sue again even if your asbestosis becomes lung cancer or mesothelioma. Now, if you sue for one disease, better sue all your defendants then because you won't be able to sue new defendants if you get another disease if the statute of limitations has run out for the first. This, according to the opinion Combs v. Albert Kahn & Assoc., Inc.

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