Souders v. Atlantic Richfield Co

In Souders v. Atlantic Richfield Co. (E.D.Pa. 1990) 746 F. Supp. 570, 573-574, the district court held that the plaintiff's Jones Act action for asbestos-related injuries was time-barred. The court explained that the statute of limitations applicable to the plaintiff's claim began to run in 1981 when (1) the plaintiff's doctor told him he had interstitial fibrosis and in all likelihood asbestosis and; (2) the plaintiff knew that exposure to asbestos on his former employer's ship had caused his disease. The court rejected the plaintiff's argument that only a final and definitive diagnosis of asbestosis will trigger the running of the statute of limitations, stating that the plaintiff should have known in 1981 that he was injured because of his exposure to asbestos and should have begun making arrangements to commence litigation within the limitations period. Instead, the plaintiff chose to do nothing except to wait until the condition got worse. (Id. at p. 575).