United States Fifth Circuit

In an action claiming that Plaintiff contracted pneumonitis while working on Defendant's oil rig, summary judgment for Defendant based on the statute of limitations is reversed, where genuine issues of material fact remained as to when Plaintiff should have discovered his medical condition.

Appellate Information

• Decided 06/12/2009
• Published 06/12/2009

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, SMITH and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Paul Eric Harrison (argued), Law Offices of Paul E. Harrison, LLC, Mandeville, LA, Gary B. Pitts, Pitts & Mills, Friendswood, TX, for Plaintiff-Appellant.


• For Appellees:
  
• Mark Reese Pharr, III (argued), Galloway, Johnson, Tompkins, Burr & Smith, Lafayette, LA, Ron Thomas Capehart, Galloway, Johnson, Tompkins, Burr & Smith, Houston, TX, for Defendants-Appellees.