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Roberts v. Lain8/23/2000
reactions to the toxic materials. See id. (physical impairment could give rise to conflicting inferences regarding plaintiff's knowledge of injury and its likely cause). Thus, viewing the facts as a whole, we find that by 1992, in light of his prior problems with SP 250 and SP 312, Roberts had reason to believe he had been injured by his occupational exposure to SP 250 and SP 312.
Because the record demonstrates that Roberts should have known in the early 1970s, or at the very least by 1992, that he was injured by his exposure to the toxic chemicals provided by Southern Pacific, we find that the trial court properly determined that his claim for negligent exposure to toxic materials filed in 1997 was barred by limitations. According, the summary judgment is affirmed.
Catherine Stone, Justice
PUBLISH
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