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Pollard v. Sherwin-Williams Co.9/6/2005
hable from the facts involved in this appeal. Cannon suffered from a variety of health problems and was unable to get a definitive diagnosis from her doctors for almost twenty years. In contrast, Trellvion had a fever and was seen by Dr. Timm the next day. Dr. Timm ordered blood tests, and within several days told Pollard that Trellvion had lead poisoning. Based on the record facts, Pollard knew categorically in 1993 that Trellvion had suffered excessive exposure to lead. Furthermore, Pollard stated in her depositions that sometime between this diagnosis in 1993 and when the house burned in 1994, Doris Gaines told Pollard that she had seen Trellvion eating what she believed was lead-based paint. As this Court stated in Cannon, the Mississippi Supreme Court "held in both Schiro and Edwards that the accrual date for a cause of action [arises] on the date the illnesses diagnosed by a doctor." Cannon, 738 So. 2d at 276 (citing Schiro, 611 So. 2d at 965; Edwards, 573 So. 2d at 709).
. Viewing these evidentiary matters in the light most favorable to the non-movants and accepting these facts which were offered by Pollard and Trellvion as true, we conclude that no genuine issue of material fact existed as to the statute of limitations question. In as much as these claims were filed in November 2000, we find that the circuit court was correct in granting summary judgment in favor of Sherwin-Williams based on the Mississippi Supreme Court's holding in Smith. Applying the objective standard of reasonable knowledge articulated by the Mississippi Supreme Court in Edwards, we conclude that Pollard and Trellvion's claims accrued no later than 1994, and based on ยง 15-1-49 (1), we conclude that the statute of limitations on Pollard and Trellvion's claims expired no later than 1997. We find, therefore, that the circuit court appropriately dismissed Pollard and Trellvion's claims with prejudice.
. Having found that summary judgment was appropriate as to the statute of limitations issue, we need not address Pollard and Trellvion's additional assignments of error.
. THE JUDGMENT OF THE CIRCUIT COURT OF JEFFERSON COUNTY GRANTING SUMMARY JUDGMENT IN FAVOR OF SHERWIN-WILLIAMS COMPANY IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANTS.
KING, C.J., BRIDGES AND LEE, P.JJ., MYERS, CHANDLER, GRIFFIS AND BARNES, JJ., CONCUR.
IRVING, J., NOT PARTICIPATING.
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