Missouri Court of Appeals, Eastern District / Oct 23, 2018
Peggy Crawford, Appellant, v. Distributor Operations, Inc., Respondent.
Peggy Crawford sued Distributor Operations, Inc. (DOI) for strict liability, negligence, and breach of lease related to lead pollution on property DOI had leased from her. The trial court granted partial summary judgment for DOI, asserting a statute of limitations defense. The appellate court reversed and remanded, finding a genuine dispute of material fact regarding when the lead pollution damages were capable of ascertainment, which is crucial for determining when the five-year statute of limitations began to run.