Schiele v. Hobart Corp

Facts

Plaintiff worked as a meat wrapper for a Portland, Oregon company for approximately twenty-six years. In 1972, the company purchased a meat-wrapping machine that utilized a ventilator. The machine cut a type of meat-wrapping film that contained polyvinyl chloride (manufactured by the co-defendant chemical company). Plaintiff had been in good health prior to the time of the purchase. Shortly after she began using the device, she developed an array of health problems. Her condition worsened during her final year of employment. Almost immediately upon her leaving the job she was hospitalized with pneumonia. Her doctors informed her, in April, 1974, that tests indicated polyvinyl chloride fumes were the possible cause of her condition. She filed her action in March, 1976. Given these dates, Plaintiff contended that her filing fell within the statute of limitations. Defendants claim that the statute of limitations began to run when she first became aware of the possible connection between her symptoms and the cause of her illness, in early March, 1974 – thus missing the filing window permitted by the statute of limitations.