From Casetext: Smarter Legal Research

Marbut v. P. P. G. Industries, Inc.

Court of Appeals of Georgia
Jan 5, 1979
252 S.E.2d 628 (Ga. Ct. App. 1979)

Opinion

56582.

ARGUED SEPTEMBER 20, 1978.

DECIDED JANUARY 5, 1979. REHEARING DENIED JANUARY 23, 1979.

Action for damages. Fulton Superior Court. Before Judge Blackshear.

Wills Ford, James L. Ford, for appellant.

Richard P. Schultz, N. Forrest Montet, Barwick, Bentley, Hayes Karesh, M. Cook Barwick, Gary L. Seacrest, Swift, Currie, McGhee Hiers, Frederick F. Saunders, Jr., Mary E. Mann, Gambrell, Russell Forbes, James C. Huckaby, Jr., David A. Handley, Awtrey Parker, A. Sidney Parker, Toby B. Prodgers, Hurt, Richardson, Garner, Todd Cadenhead, J. Robert Persons, Nancy E. Underwood, Long, Weinberg, Ansley Wheeler, Ben L. Weinberg, Jr., Michael T. Bennett, Dan B. Wingate, Freeman Hawkins, J. Bruce Welch, A. Timothy Jones, for appellees.


Appellant brought suit against the defendants in this case alleging that they negligently failed to warn him of the dangers involved in the use of certain chemicals allegedly manufactured by appellees, which chemicals were used by appellant in the course of his employment. Appellees moved for and were granted summary judgment on the ground that appellant's action was barred by the statute of limitation, Code Ann. § 3-1004.

"[W]here a failure to warn of such possible result [here, the injury occasioned by exposure to the chemicals] is made the basis of the action such failure is actionable and continuing until the victim is warned, or discovery made, or he should in the exercise of ordinary care have otherwise learned of it." Forgay v. Tucker, 128 Ga. App. 497, 500 ( 197 S.E.2d 492). (Emphasis supplied.)

The record in this case shows that appellant had knowledge in 1973 both of the injury and of its cause. Under those circumstances, his action, filed in 1977, was barred by the statute of limitation.

Judgment affirmed. Bell, C. J., and Birdsong, J., concur.

ARGUED SEPTEMBER 20, 1978 — DECIDED JANUARY 5, 1979 — REHEARING DENIED JANUARY 23, 1979 — CERT. APPLIED FOR.


Summaries of

Marbut v. P. P. G. Industries, Inc.

Court of Appeals of Georgia
Jan 5, 1979
252 S.E.2d 628 (Ga. Ct. App. 1979)
Case details for

Marbut v. P. P. G. Industries, Inc.

Case Details

Full title:MARBUT v. P. P. G. INDUSTRIES, INC. et al

Court:Court of Appeals of Georgia

Date published: Jan 5, 1979

Citations

252 S.E.2d 628 (Ga. Ct. App. 1979)
252 S.E.2d 628

Citing Cases

King v. Seitzingers, Inc.

Appellant's injury is a continuing tort and Georgia courts have clearly held that in a continuing tort a…

Bishop v. Farhat

" Miles v. Ashland Chem. Co., 261 Ga. 726, 727 ( 410 S.E.2d 290) (1991). The statute of limitations does not…