Rivas v. Safety-Kleen Corp

In Rivas v. Safety-Kleen Corp. (2002) 98 Cal.App.4th 218, the court upheld a grant of summary judgment based on a one-year statute of limitations where the plaintiff suffered kidney injuries because he used a particular solvent at work. The plaintiff had worked with the solvent daily for almost 18 years, and a number of events took place more than one year before the plaintiff filed a complaint against the solvent manufacturer. First, almost seven years before filing suit, the plaintiff saw a doctor who diagnosed his kidney disease and asked him about the chemicals he used at work. The plaintiff provided the doctor with a list of chemicals, the doctor told him to stay away from the solvent, and plaintiff complied. After receiving a kidney transplant several years later, the plaintiff consulted a workers' compensation attorney to investigate the possibility that the solvent he used at work caused his kidney damage. More than a year before filing his civil lawsuit, the plaintiff filed a workers' compensation action seeking relief based on kidney injuries suffered as a result of exposure to toxic fumes, gases, and liquids. (Id. at pp. 223-224.) The appellate court concluded that even if the doctor's advice to keep away from the solvent could be seen as ambiguous and insufficient to arouse a reasonable person's suspicion, the plaintiff's workers' compensation claim "is definitive proof that he had a suspicion that 'someone had done something wrong to him' long before his civil complaint was filed ... ." (Id. at p. 229.)