Carroll v. W.R. Grace & Co.

977 F.2d 587 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edith Isabella CARROLL, Wife of Charles Elmer Carroll, deceased, and Personal Representative of the Estate of Charles Elmer Carroll, Plaintiff-Appellant, v. W.R. GRACE & COMPANY, Defendant-Appellee. No. 90-35489. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 8, 1991. Memorandum and Certification Order May 30, 1991. Submission Withdrawn Oct. 28, 1991. Resubmitted Feb. 12, 1992. Decided Sept. 30, 1992. Before WALLACE, Chief Judge, O'SCANNLAIN and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 This diversity action, in which Edith Carroll seeks damages for the death of her husband, a former employee of W.R. Grace & Co. ("Grace"), from asbestos-related disease, was argued before us February 8, 1991. In a Memorandum and Order filed May 30, 1991, we concluded that Mr. Carroll should have known that his continued lung problems were likely due to asbestos exposure at least by 1985. We…