90 N.Y.2d 759 (1997)
In repetitive stress injury (RSI) cases, the cause of action accrues against a given manufacturer upon the onset of symptoms or the last use of the injury-producing device, whichever is earlier.
Summary
This case addresses the accrual date for a cause of action against keyboard manufacturers for repetitive stress injuries (RSI). Over 90 plaintiffs sued various manufacturers, alleging insidious onset of symptoms like numbness, tingling, and pain due to keyboard use. The New York Court of Appeals held that the cause of action accrues upon the earlier of the onset of symptoms or the last use of the keyboard. This balances the plaintiffs’ right to sue with the need for manufacturers to have predictable liability and avoid stale claims, distinguishing RSI from toxic torts where exposure triggers accrual.
Facts
Plaintiffs, data entry workers, filed suit against keyboard manufacturers alleging they sustained repetitive stress injuries (RSIs) from using the defendants’ keyboards. The plaintiffs claimed that their injuries developed gradually, making it impossible to pinpoint a precise date of onset. They alleged experiencing symptoms such as numbness, tingling, pain, and sensory-motor impairments in their upper extremities, neck, and torso. The plaintiffs also provided dates of diagnosis for their RSIs. They asserted the injuries were a result of cumulative and prolonged keyboard use.
Procedural History
The Supreme Court, New York County consolidated numerous RSI cases under Justice Stephen Crane. The defendants moved to dismiss based on Statute of Limitations grounds, which were treated as CPLR 3211(a)(5) motions. The trial court, relying on an earlier case, ruled that accrual began upon the onset of symptoms. The Appellate Division reversed, holding that a cause of action for RSI accrues upon first use of a keyboard, analogizing it to toxic tort exposure cases. The Court of Appeals then reviewed the Appellate Division’s decision.
Issue(s)
Whether the cause of action for repetitive stress injury (RSI) against a keyboard manufacturer accrues: (1) upon first use of the keyboard, (2) upon the onset of symptoms, or (3) upon diagnosis of the injury?
Holding
No, the cause of action does not accrue upon first use. Yes, the cause of action accrues upon the onset of symptoms or the last use of the injury-producing device, whichever is earlier, because this rule balances the rights of plaintiffs with manufacturers’ need for predictable risk assessment and the avoidance of stale claims.
Court’s Reasoning
The Court of Appeals rejected the Appellate Division’s