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GEORGIA PACIFIC CORP. v. BENJAMIN

No. 52, September Term, 2005.

904 A.2d 511 (2006)

394 Md. 59

GEORGIA-PACIFIC CORPORATION, et al. v. Elsie L. BENJAMIN, Individually, etc.

Court of Appeals of Maryland.

August 2, 2006.

Attorney(s) appearing for the Case

Steven J. Parrott (Philip A. Kulinski and Ariel C. Gruswitz of DeHay & Elliston, L.L.P., Baltimore), for petitioners/cross-respondents.

Laura A. Cellucci (George M. Church of Miles & Stockbridge P.C., Baltimore), all on brief, for petitioners/cross-respondents.

Timothy J. Hogan (Law Offices of Peter T. Nicholl, Baltimore), on brief, for respondent/cross-petitioner.

Edward J. Lilly, Law Offices of Peter J. Angelos, P.C., Baltimore and Denis C. Mitchell, Stein, Mitchell & Mezines, Washington, DC, brief of Amicus Curiae Maryland Trial Lawyers Assoc., amicus curiae.

Argued Before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

GREENE, J.

In this case we must interpret Md.Code (1974, 2002 Repl.Vol.), §§ 3-904(g)(2) and 5-113(b) to determine whether the "discovery rule" applies to toll the limitations period for filing wrongful death and survival actions relating to an occupational disease. In the present case, both the wrongful death and survival actions were filed more than three years after the injured person's death. The Circuit Court for Baltimore City determined that both...

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