JOSEPH v. HESS OIL VIRGIN ISLANDS CORP.

Civ. No. 1986/89.

671 F.Supp. 1043 (1987)

Benoit JOSEPH, Plaintiff, v. HESS OIL VIRGIN ISLANDS CORPORATION et al., Defendants.

District Court, Virgin Islands, D. St. Croix.

October 27, 1987.


Attorney(s) appearing for the Case

Carey-Anne Moody, Edward H. Jacobs, Law Offices of Jacobs & Brady, Christiansted, St. Croix, U.S. Virgin Islands, for plaintiff.

Stacy L. White, Law Offices of Britain H. Bryant, Christiansted, St. Croix, U.S. Virgin Islands, for defendant Hess Oil Virgin Islands Corp.

Richard E. Daley, Law Offices of Pattie & Daley, Christiansted, St. Croix, U.S. Virgin Islands, for defendant Combustion Engineering, Inc.


MEMORANDUM OPINION

DAVID V. O'BRIEN, District Judge.

We adopt in this case the discovery rule for determining the date of accrual of an asbestosis cause of action. The Virgin Islands two-year personal injury statute of limitations will be tolled until a plaintiff knows or has reason to know of his asbestos related injury and its cause. However, because it is uncontroverted in the case herein that the plaintiff knew of his injury and its cause more than two...

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