Darden

This case presents a new twist to the statute of limitations case law evolving in asbestos personal injury litigation. On October 28, 1987, John Darden (plaintiff) filed suit against General Motors Corporation (GM) and others for personal injuries based on exposure to asbestos (Darden I) . On June 12, 1990, plaintiff stipulated to settlements totaling over $200,000 against certain defendants and dismissed the action against them with prejudice. At the same time he dismissed without prejudice as to the remaining nonbankrupt defendants, including GM. Then on June 27, 1991, plaintiff filed a virtually identical complaint against GM and others (Darden II) .

It is Darden II that concerns us. We hold that this second action against GM was time-barred under the one-year statute of limitations set forth in Code of Civil Procedure section 340.2. Although plaintiff claimed the statute never began to run against him because he did not suffer a disability within the meaning of section 340.2, unquestionably with the commencement of Darden I he was on record that he knew and believed his cause of action had accrued for asbestos-related illness. Further, there is no substantial…