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Brennan v. Owens-Corning Fiberglas Corp.9/6/2000
plained of." In Davis v. Moran, 112 Idaho 703, 735 P.2d 1014 (1987), this Court stated that the cause of action accrues under § 5-219(4) on the date that the injury became "objectively ascertainable." This means that the cause of action accrues when "objective medical proof would support the existence of an actual injury." Id. at n.4.
In his report of July 26, 1991, Dr. King advised that he had performed an examination of Brennan in order to detect asbestos-related diseases. His preliminary findings were that Brennan's chest x-ray "showed scarring of the lung, of the kind that can be seen after asbestos exposure." He further stated: "the changes in your lung are consistent with the type of injury and disease that can be seen after asbestos exposure." He opined that the presence of pleural plaques or scarring in the lining surrounding Brennan's lung "tells us that you have had a lot of asbestos exposure, and so you are at increased risk for lung cancer, other cancers, and a worsening of your scarring as years go by." In addition to recommending a follow-up-evaluation, Dr. King wrote:
Anyone with past exposure to asbestos, with or without disease from asbestos, needs periodic medical care. Everyone over 40 needs a yearly examination of stool for microscopic blood, and a rectal examination, to find possible signs of colon cancer. In addition, you should see your personal doctor if you develop persistent chest pains, a persistent cough, or any other persistent problem.
Doctor King's findings reflect objective medical proof that would support the existence of an actual injury resulting from exposure to asbestos.
We conclude that the accrual of Brennan's cause of action commenced at the time Dr. King rendered his report, for the purpose of the limitation expressed in I.C. § 5- 219(4). It follows that the limitation period was not extended until the existence of an asbestos-related medical condition demonstrating actual injury was later confirmed by Dr. Welch. The district court correctly entered summary judgment dismissing Brennan's complaint.
CONCLUSION
The summary judgment dismissing Brennan's complaint is affirmed. Costs to respondents. No attorney fees on appeal are allowed.
Chief Justice TROUT and Justices SILAK, SCHROEDER and KIDWELL, CONCUR.
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