DEBIEC V. CABOT CORP.
352 F.3d 117 (3rd. Cir. 2003)
NATURE OF THE CASE: Bebiec (P) appealed a grant of summary judgment based in the running
of the two-year statute of limitations. P appealed based on the discovery rule.
FACTS: Cabot (D) operated a beryllium manufacturing facility. Debiec (P) died in April
2000 at the age of 57. Her autopsy showed that the cause of death of was Chronic Beryllium
Disease. Russo (P) filed their action on May 24, 2001, alleging that P had been diagnosed
with CBD on June 25, 1999. Russo died on February 5, 2002; her death certificate identified
the causes of death as respiratory failure, pulmonary fibrosis, and CBD. Russo filed an
action on May 24, 2001. Reeser (P) brought a personal injury and wrongful death claims on
June 6, 2001 as the administratrix of the estate of her mother, Geneva Bare, who died in
November 2000 of CBD. Branco (P) died of lung fibrosis due to CBD in June of 1999.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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