10/31/2007

In Childs v. Haussecker and Humble Sand & Gravel, Inc. v. Martinez, the Texas Supreme Court addressed the correct formulation and application of the “discovery rule” in the latent occupational disease context noting that latent injuries or diseases are by nature often undiscoverable within the applicable limitations period. Both plaintiffs in these separate cases eventually discovered they had contracted silicosis as result of on-the-job inhalation of silica dust over time. Stating that the determination of when the plaintiffs' causes of action accrued is usually fact dependent, the Supreme Court held that questions of fact existed, precluding the summary judgments granted by the trial courts.

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