New York Court of Appeals

Jock Thornton, as of Sharon R. Thornton v. Roosevelt Hospital

May 10, 197947 N.Y.2d 780

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that a strict products liability claim for an injected chemical accrues at the time of injection and is subject to the three‑year statute of limitations, and that the discovery rule does not apply to such actions. Justice Fuchsberg dissented, arguing that the cause of action should accrue when the injury becomes discoverable.