Cited by

Opinions in Minnesota that cite DeCosse v. Armstrong Cork Co., 319 N.W.2d 45.

28 citing documents.

A19-0155 Minn. 2020
A19-0155 Minn. Ct. App. 2019
9 The Minnesota Supreme Court has held that, “because of the uniq ue character of asbestos-related deaths, wrongful death actions brought in conn ection with those deaths accrue either upon the manifestation of the fatal disease in a way that is causally linked to asbestos, or upon the date of death—whichever is earlier.” (emphasis added); see Karjala v. Johns-Manville Prods.
Patti Walsh, as Trustee for the Heirs and Next of Kin of Dean Patrick Walsh v. Flint Group … Minn. Ct. App. 2014
Patti Walsh, as Trustee for the Heirs and Next of Kin of Dean Patrick Walsh v. Flint Group … Minn. Ct. App. 2014
Lamere v. St. Jude Medical, Inc. 827 N.W.2d 782 Minn. Ct. App. 2013
Lamere v. St. Jude Medical, Inc. 827 N.W.2d 782 Minn. Ct. App. 2013
(concluding that, with regard to a wrongful-death claim based in medical malpractice, “some wrongful death actions may be barred under the statute even if they are brought on the day of death”), review denied (Minn. Nov.
Murphy v. Allina Health System 668 N.W.2d 17 Minn. Ct. App. 2003
Murphy v. Allina Health System 668 N.W.2d 17 Minn. Ct. App. 2003
(interpreting 1978 amendment to wrongful-death statute that limited actions, other than those involving medical malpractice, to three years of the date of death, provided action is commenced within six years of the act or omission).
Podvin v. Jamar Co. 655 N.W.2d 645 Minn. Ct. App. 2003
Podvin v. Jamar Co. 655 N.W.2d 645 Minn. Ct. App. 2003
(noting that because of unique character of asbestos-related deaths, wrongful death actions arising from those deaths do not accrue until either the manifestation of the fatal disease in a way causally linked to asbestos, or the date of death, whichever is earlier).
Ortiz Ex Rel. Ortiz v. Gavenda 590 N.W.2d 119 Minn. 1999
Ortiz Ex Rel. Ortiz v. Gavenda 590 N.W.2d 119 Minn. 1999
Ortiz v. Gavenda 574 N.W.2d 764 Minn. Ct. App. 1998
Ortiz v. Gavenda 574 N.W.2d 764 Minn. Ct. App. 1998
Kaiser v. Memorial Blood Center of Minneapolis, Inc. 486 N.W.2d 762 Minn. 1992
Kaiser v. Memorial Blood Center of Minneapolis, Inc. 486 N.W.2d 762 Minn. 1992
Stanek v. A.P.I., Inc. 474 N.W.2d 829 Minn. Ct. App. 1991
Stanek v. A.P.I., Inc. 474 N.W.2d 829 Minn. Ct. App. 1991
Francis v. Hansing 449 N.W.2d 479 Minn. Ct. App. 1989
Francis v. Hansing 449 N.W.2d 479 Minn. Ct. App. 1989
Nor is the theory of a continuing tort supported by a wrongful death case
Regie De L'Assurance Automobile Du Quebec v. Jensen 399 N.W.2d 85 Minn. 1987
Regie De L'Assurance Automobile Du Quebec v. Jensen 399 N.W.2d 85 Minn. 1987
wherein we permitted the maintenance of a death by wrongful act action after the expiration of the three-year limitation period.
DeRogatis Ex Rel. DeRogatis v. Mayo Clinic 390 N.W.2d 773 Minn. 1986
DeRogatis Ex Rel. DeRogatis v. Mayo Clinic 390 N.W.2d 773 Minn. 1986
an action involving an asbestos-related death, we dealt with the statute of limitations as it existed prior to the 1978 amendment, holding that the limitation period was subject to tolling if the plaintiff could establish that the defendants fraudulently concealed the facts underlying the cause of action.
Kensinger v. Kippen 390 N.W.2d 815 Minn. Ct. App. 1986
Criticized Kensinger v. Kippen 390 N.W.2d 815 Minn. Ct. App. 1986
the supreme court said: Time-barring a wrongful death action before death triggers accrual of the right to bring the action has been criticized as illogical and unjust.
Bonhiver v. Fugelso, Porter, Simich & Whiteman, Inc. 355 N.W.2d 138 Minn. 1984
Bonhiver v. Fugelso, Porter, Simich & Whiteman, Inc. 355 N.W.2d 138 Minn. 1984
Recently, which involved the effect of fraud on the tolling of the wrongful death statute of limitations.