Ind. Court Affirms Summary Judgment to Defendant on Statute of Repose Grounds
December 21, 2010
INDIANAPOLIS -- The Indiana Court of Appeal has affirmed a trial court's award of summary judgment to a contractor in an asbestos case, saying that based on the facts before the court, the state's Construction Statute of Repose barred the claims. Gill, et al., v. Evansville Sheet Metal Works Inc., et al., No. 49A05-0912-CV-699 (Ind. Ct. App.).
In the Dec. 15 ruling, however, the appellate court did express its opinion that the trial court's ruling was premature, as local procedural rules allowed the court to rule on the motion before detailed discovery took place.
The plaintiff, Sharon Gill, asserted …