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2020 SESSION

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HB 781 Accrual of cause of action; diagnoses of nonmalignant and malignant asbestos-related injury.

Introduced by: Michael P. Mullin | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Accrual of cause of action; diagnoses of nonmalignant and malignant asbestos-related injury or disease. Provides that a diagnosis of a nonmalignant asbestos-related injury or disease shall not accrue an action based upon the subsequent diagnosis of a malignant asbestos-related injury or disease and that such subsequent diagnosis shall constitute a separate injury that shall accrue an action when such diagnosis is first communicated to the person or his agent by a physician. The bill is intended to reverse Kiser v. A.W. Chesteron, 285 Va. 12 (2013). This bill is identical to SB 661.

SUMMARY AS PASSED HOUSE:

Accrual of cause of action; diagnoses of nonmalignant and malignant asbestos-related injury or disease. Provides that a diagnosis of a nonmalignant asbestos-related injury or disease shall not accrue an action based upon the subsequent diagnosis of a malignant asbestos-related injury or disease, and such subsequent diagnosis shall constitute a separate injury that shall accrue action when such diagnosis is first communicated to the person or his agent by a physician. The bill is intended to reverse Kiser v. A.W. Chesteron, 285 Va. 12 (2013).

SUMMARY AS INTRODUCED:

Accrual of cause of action; diagnoses of nonmalignant and malignant asbestos-related injury or disease. Provides that a diagnosis of a nonmalignant asbestos-related injury or disease shall not be deemed an accrual of an action based upon a later diagnosis of a malignant asbestos-related injury or disease and that a cause of action for an asbestos-related malignancy shall accrue when the malignant asbestos-related disease or injury is first communicated to the person or his agent by a physician.