HOUSTON - The 14th Court of Appeals today affirmed a lower court decision to grant Dow Chemical summary judgment on the ground of limitations in a lawsuit alleging a man developed cancer after being exposed to radiation.
The lawsuit was brought by Jeffrey Powe, who was exposed to radiation in May 2014 while working on premises owned by the Dow Chemical Company. He was diagnosed with cancer in July 2017 and in March 2019 he sued Dow alleging negligence, according to the 14th Court’s opinion.
Court records show Dow moved for summary judgment on the ground that Powe’s personal-injury claims are barred by the two-year statute of limitations, which was granted by the trial court.
On appeal, Powe argued that his cause of action did not accrue until he was diagnosed with cancer. He also argued cancer is a latent disease that tolls the limitations.
The 14th Court held that Powe had not established a latent disease under the limited rule as set out by the Supreme Court.
“Because Powe’s appellate arguments do not present grounds for reversal, we affirm the trial court’s judgment,” the opinion states.
Case No. 14-20-00704-CV