Logourl black
From our private database of 14,200+ case briefs...

Debiec v. Cabot Corp.

United States Court of Appeals for the Third Circuit
352 F.3d 117 (2003)


Facts

Debiec, Mary Russo, Geneva Bare, and John Branco (plaintiffs) worked at and/or lived near a beryllium plant operated by Cabot Corp. (defendants) and all died from Chronic Beryllium Disease (CBD). Mrs. Debiec was diagnosed with coidosis, a lung disease of unknown origin, in 1978. Mrs. Debiec’s doctor told her that she did not have CBD and did not change her diagnosis until after her death in 2000. Mrs. Debiec’s family researched CBD and attempted to persuade her that she suffered from that disease, but Mrs. Debiec relied on her physician. A lawsuit was brought on her behalf on May 29, 2001. Mrs. Russo clipped newspaper articles regarding the link between the beryllium plant and CBD beginning in April 1999. However, Mrs. Russo’s two physicians told her that her lung issues were not caused by CBD. Eventually, Mrs. Russo requested tests that confirmed that she had CBD. Those test results were received in June 1999. Mrs. Russo filed suit against the defendants on May 24, 2001. Mrs. Bare discussed the possibility of CBD with her doctor sometime in the mid to late 1990s. Her doctor stated that he did not think she had CBD and told her that the tests for CBD were unreliable. Mrs. Bare’s autopsy in November 2000 revealed that she did suffer from CBD, and a lawsuit was brought on her behalf on June 6, 2001. Mr. Branco worked for the defendants at the beryllium plant for 33 years and received information that alerted him that he was at risk for CBD in June 1995. Mr. Branco was tested for CBD in September 1997. The tests were negative, but Mr. Branco’s doctor told him that the tests were unsatisfactory. The doctor advised Mr. Branco to repeat the tests because the doctor thought that Mr. Branco had CBD. The trial court, on summary judgment, found that each of the plaintiffs’ claims were barred by the two-year statute of limitations under Pennsylvania law. The plaintiffs appealed to the United States Court of Appeals for the Third Circuit.

Rule of Law

Issue

Holding and Reasoning (Becker, J.)

Concurrence/Dissent (Amro, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 252,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.