Ga. Appeals Court Says Statute of Repose Applies to Asbestos Claims
June 30, 2021
ATLANTA — Georgia’s general tort statute of repose applies to strict liability claims filed against Johnson & Johnson’s talc supplier under the state’s Asbestos Claims and Silica Claims Act, an appellate court has ruled in a talcum powder ovarian cancer case.
In a June 28 order, the Georgia Court of Appeals remanded the case for a trial court to determine whether the plaintiffs’ fraud claims estop the supplier, PTI Royston LLC, from asserting the statute-of-repose defense.
Shirley Eubanks used Johnson & Johnson baby talcum powder daily from 1963 until 2016. In 2016, she was diagnosed with an aggressive form …