CAPITAL HOLDING CORP. v. BAILEY

Nos. 93-SC-409-DG, 93-SC-428-DG.

873 S.W.2d 187 (1994)

CAPITAL HOLDING CORPORATION, Movant, v. Larry L. BAILEY and Linda Bailey, Respondents. Larry L. BAILEY and Linda Bailey, Movants, v. CAPITAL HOLDING CORPORATION, Respondent.

Supreme Court of Kentucky.

March 24, 1994.


Attorney(s) appearing for the Case

Lively M. Wilson, Judith A. Villines, Stites and Harbison, Louisville, for Capital Holding.

J. Michael Poole, Bruce Garrett Anderson, J. Michael Poole & Associates, Louisville, for Baileys.


LEIBSON, Justice.

This case raises complex questions regarding when tort claims accrue for exposing the plaintiff to potentially harmful asbestos-related disease, and whether damages may be recovered when there is no present manifestation of a diseased condition.

The complaint alleged theories of liability based on negligence and outrageous conduct in exposing plaintiff to asbestos, causing increased risk of future injury or disease and severe emotional distress...

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