Wagner v. Anchor Packing Co.
Remanded to Trial Court

The plaintiff-appellant in Wagner v. Anchor Packing Co. alleged asbestos exposure caused his asbestosis and colon cancer. Among other things, the trial court determined that (1) Appellant had failed to establish a prima facie case under H.B. 292 and (2) H.B. 292 did not impair Appellant's substantive rights and therefore, could be applied to cases pending when H.B. 292 became effective.

With respect to the asbestosis claim, the court of appeals reversed the trial court's decision on the same bases as in Ackison. The court of appeals concluded that H.B. 292 cannot constitutionally be applied retroactively to the Appellant's asbestosis claim. The court of appeals then addressed the colon cancer claim. Since colon cancer was not diagnosed until after the effective date of H.B. 292, the court concluded that application of H.B. 292 would not be unconstitutionally retroactive. However, the court of appeals also determined that H.B. 292's medical criteria do not apply to colon cancer claims. The case was remanded to the trial court for application of common law.