Supreme Court of California

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Pooshs v. Philip Morris USA Inc., S172023

In California, two physical injuries, both caused by the same tobacco use over the same period of time, can in some circumstances be considered qualitatively different for purposes of determining when the applicable statute of limitations period begins to run, such that when a later-discovered disease is separate and distinct from an earlier-discovered disease, the earlier disease does not trigger the statute of limitations for a lawsuit based on the later disease.

Appellate Information

  • Decided 05/05/2011
  • Published 05/05/2011

Judges

  • KENNARD

Court

  • Supreme Court of California

Counsel