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Beavercreek Local School v. Basic3/6/1991
or." Harless v. Willis Day Warehousing Co. (1978), 54 Ohio St.2d 64, 8 O.O.3d 73, 375 N.E.2d 46.
The parties do not disagree as to the applicable statute of limitations, but do disagree as to when the limitations period began to run in this case.
Both parties rely on the proposition that a cause of action accrues when the plaintiff knew, or by the exercise of reasonable diligence, should have known, that it had been injured by the conduct of defendant. O'Stricker v. Jim Walter Corp. (1983), 4 Ohio St.3d 84, 4 OBR 335, 447 N.E.2d 727.
Certain facts before the trial court comprising a chain of events which began in 1979 are undisputed. It was stipulated by the parties that the acoustical plaster installed in three Beavercreek schools between April 1953 and December 31, 1961, was Kilnoise acoustical plaster. Basic was the manufacturer of Kilnoise acoustical plaster from August 1955 to January 1962.
In April 1979, Beavercreek's administrative assistant for business, Donald Fletcher, received a letter from the Greene County Health Department advising of the risks due to the exposure of asbestos in schools, mailings from the State Department of Education regarding asbestos danger in schools, and literature in professional magazines from professional organizations such asAssociation of School Business Officials, Ohio School Board Association and the EPA, alerting school officials about the potential hazards of asbestos in school buildings. Beavercreek then proceeded to investigate the possible asbestos condition in its schools. Ceiling samples were tested and the presence of asbestos content was found. The Greene County Health Department and Ohio Department of Health inspected the school buildings. Air monitoring tests were taken and David E. Kos, Safety and Health Consultant for the Division of Occupational Health of the Ohio Department of Health, reported to school officials in May 1980, the following:
"This report concerns the survey that I conducted at the Beavercreek High School on March 4, 1980. The purpose of the survey was to perform air monitoring tests throughout the school in order to determine if an asbestos health hazard exists. Assisting me during the survey were: Gary Mills, Green County Sanitarian; Dale Tackett, Maintenance Superintendent; and yourself.
"* * *
"Survey Observations
"During the survey certain observations were made that merit a description.These observations include:
"1. Beavercreek High School was built in four phases during the time periods of 1954, 1956, 1958, and 1960.
"2. The ceilings throughout the school are covered with approximately 167,000 square feet of asbestos containing acoustic plaster.
"a. Bulk sample analysis of ceiling material has been found to contain asbestos according to reports from Belmont Park and Tri-State Laboratories, Inc.
"* * *
"Discussion/Recommendation
"The fiber counts measured in the seven area air samples are low. Furthermore, the fiber counts are below the current Occupational Safety and Heal Administration (OSHA) standard and the American Conference of Governmental Industrial Hygienists (ACGIH) recommended threshold limit value (TLV) of 2 f/cc (fibers per cubic centimeter of air). Due to low fiber counts and the satisfactory condition of the ceiling, an asbestos health hazard does not appear to exist at this time.
"Although the ceiling surfaces in the school appear to be in good condition, there are several areas where there is noticeable damage or deterioration as previously described. Based upon the observations and laboratory results, the fol
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