Pecorino v. Raymark Indus., Inc

In Pecorino v. Raymark Indus., Inc., 763 S.W.2d 561, 562-63 (Tex. App.--Beaumont 1989, writ denied) the plaintiff filed suit after he was diagnosed with mesothelioma, even though he had previously settled a lawsuit with the same defendant for asbestosis. The defendant moved for summary judgment on the grounds that the plaintiff had signed a release in the first suit, and that the limitations period for the second suit had run. The court held that the plaintiff's first suit and the release conclusively demonstrated that the plaintiff knew at the time of his asbestosis diagnosis that he had suffered a serious, severe legal injury as a result of his asbestos exposure. Id. at 569. The court rejected adopting a "separate action" rule, and explained: "Texas law is now well settled that a plaintiff has but one cause of action for the losses, injuries and damages arising from a single breach of duty, a single causal connection, being a single cause of action." Id.