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POBIEGLO v. MONSANTO CO.

402 Mass. 112 (1988)

521 N.E.2d 728

JOHN L. POBIEGLO, executor, & others vs. MONSANTO COMPANY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 11, 1988.

Attorney(s) appearing for the Case

Keith S. Halpern (Gail Strassfield with him) for the plaintiffs.

Marc E. Kasowitz of New York & Richard F. Faille for Celanese Chemical Company, Inc.

Robert P. Powers for Monsanto Company, Mark W. Pearlstein for Union Carbide Corporation, Samuel A. Marsella for E.I. du Pont de Nemours & Company, Inc., Robert D. Canty for McKesson Corporation & Frank Yesu for Wright Chemical Corporation, were present but did not argue.

Robert M. Hacking for American Cyanamid Corporation & Thomas J. Sartory for Tenneco Resins, Inc., eached joined in a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

LYNCH, J.

This case comes before the court on certification from the United States District Court for the District of Massachusetts of two questions involving the applicability of the so-called discovery rule to claims for wrongful death and conscious pain and suffering arising from exposure to workplace chemicals. See S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981).

The plaintiffs filed suit in the Superior Court in Hampden County on December 31, 1984...

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