American Optical Corp. v. Estate of Robert Rankin, Sr.

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Former construction worker, Robert Lee Rankin Sr., sued American Optical Corporation (AO) alleging an injury of “lung disease and silica related conditions caused by exposure to respirable crystalline silica” while using defective respirators manufactured by AO. A jury returned a total verdict of $14 million in favor of Rankin. AO filed a motion to amend the judgment and a motion for a judgment notwithstanding the verdict (JNOV) or, alternatively, for a new trial. The trial court granted AO’s motion to amend the judgment in part and amended the noneconomic damages award from $1.8 million to $1 million to comply with the statutory cap on noneconomic damages. However, the trial court denied AO’s motion for a JNOV or, alternatively, for a new trial. AO argued the trial court erred by failing to grant its motion for a directed verdict because Rankin’s claims were barred by the three-year statute of limitations. AO contended Rankin’s claims accrued when he was diagnosed with COPD in November 2007 or, at the latest, in January 2010 when his x-ray revealed “pulmonary fibrotic pathology.” The special verdict form posed the question, “Do you find by a preponderance of the evidence that [Rankin] knew or should have known before May 13, 2010, that he had the lung injury alleged in this lawsuit?” To this, the jury answered “No.” Rankin argued that “under the unique facts of this case, [he] invoked his right to file suit even though he had not yet received a full diagnosis - only a strong suspicion he was exhibiting signs of silicosis.” The Mississippi Supreme Court found that reasonable minds could not have differed in answering the question on the special verdict form: it was undisputed that Rankin was aware of and sought treatment for lung disease, COPD, in 2007. Rankin’s experts opined that Rankin’s myriad of remaining medical conditions, of which he was aware and for which he sought treatment before May 13, 2010, were related “in part” or “exacerbated” by silica exposure. Accordingly, the Court held the trial court erred by failing to grant AO’s motion for a directed verdict because Rankin’s claims were time barred. View "American Optical Corp. v. Estate of Robert Rankin, Sr." on Justia Law