Kenneth Lundy v. Union Carbide Corporation, a New York Corporation, and Harrisons & Crosfield (Pacific), Inc., a California Corporation

Plaintiff Kenneth Lundy appeals a summary judgment dismissing his diversity action against Union Carbide Corporation and Harrisons & Crosfield, Inc., for injuries allegedly sustained while working with asbestos products that were manufactured and distributed by the defendants. The sole issue before us is whether the district court acted properly in finding that Lundy’s action was barred by Oregon’s two-year statute of limitation. Because Lundy presented evidence showing a genuine issue of material fact concerning the time the action accrued, we reverse the judgment and remand the cause for trial.

Lundy worked for the Borden Chemical Company in Springfield, Oregon, between 1964 and 1977. The complaint alleged that Lundy contracted asbestosis during this time due to his constant on-the-job exposure to asbestos manufactured by Union Carbide Corporation and distributed by Harrisons & Crosfield, Inc.

Lundy began having some chest pain and breathing difficulty in January 1975. An X ray taken at the time revealed some “pleural density” in the chest. . Several months later, Lundy was hospitalized for respiratory problems, and some fluid had to be drawn off his chest cavity. Dr. Vitums,…