Schiele v. Hobart Corp

587 P.2d 1010 (1978)

Facts

Scheile (P) was a meat wrapper from 1948 through 1974. In 1972, his employer bought a Hobart (D) meat wrapper with a Dayton (D) Electric ventilator. P began using the machine in December of 1972 for a considerable part of her day. P experienced nausea, dizziness, choking, coughing, and difficulty catching her breath. P associated these problems with the fumes from the machine as its hot wire cut the polyvinyl chloride wrapping film. P's problems progressed, and her complaints to management produced no action. By February 1974 the pain in P's lungs became constant, and after putting in her last day at work on March 12, 1974, P was informed in April 15, 1974, that her illness was possibly due to exposure to polyvinyl chloride fumes. P filed her suit on March 8, 1976. The trial court gave a summary judgment to D on the statute of limitations. P appealed.