Wagner

Robert Wagner appeals after the trial court sustained, without leave to amend, the demurrer of respondents Apex Marine Ship Management Corporation; Keystone Shipping Company; Valdez Tankships Corporation; Central Gulf Lines, Inc.; and OMI Corporation in this asbestos action, brought, as to these respondents, pursuant to the Jones Act (46 U.S.C. Appen. § 688). The sole issue on appeal is whether a plaintiff’s discovery of one asbestos-related disease triggers the running of the statute of limitations on all separate and distinct asbestos-related diseases caused by the same exposure to asbestos. We conclude that it does not and, therefore, shall reverse the judgment.

Factual and Procedural Background

On April 20, 1998, appellant filed a complaint for personal injuries against numerous defendants, seeking damages for asbestos-related injuries. The claims against respondents included causes of action for unseaworthiness, negligence under the Jones Act, and maintenance and cure (maritime causes of action). In the complaint, appellant alleged that he had worked as a merchant seaman for over 40 years and was exposed to asbestos dust during most of that time. He also alleged…