Blanco v. American Telephone and Telegraph Co.
New York Court of Appeals
90 N.Y.2d 757, 666 N.Y.S.2d 536, 689 N.E.2d 506 (1997)
- Written by Steven Pacht, JD
Facts
Diane Blanco and other computer-keyboard users (users) (plaintiffs) sued American Telephone and Telegraph Company and other keyboard manufacturers (manufacturers) (defendants), seeking to hold the manufacturers liable for their repetitive-stress injuries (RSI). The users alleged that they could not identify the precise date on which they began suffering RSI symptoms and had no precise moment of injury but alleged when they began experiencing some RSI symptoms. The manufacturers moved to dismiss on statute-of-limitations grounds, arguing that, as in toxic-tort cases, the users’ claims accrued, and thus the limitations clock commenced, when the users first were exposed to (i.e., used) keyboards. The supreme court denied the manufacturers’ motion, ruling that the users’ claims did not accrue until the users first experienced symptoms. The appellate division reversed, agreeing with the manufacturers that the exposure rule applied. The users appealed.
Rule of Law
Issue
Holding and Reasoning (Wesley, J.)
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