Montana Statute Bars Asbestos Wrongful Death Suit, California Court of Appeal Rules

SAN FRANCISCO - After determining on the facts that an asbestos wrongful death action would be barred in Montana because of its statue of repose, a California Court of Appeal has held that its own "borrowing statute" requires the application of the Montana statute to bar the action in California. Giest, et al. v. Sequoia Ventures Inc., No. A085342 (Ca. Ct. App., 1st App. Dist., Div. 4).

Affirming a judgment of nonsuit in the case, the Court of Appeal ruled that Montana's applicable statute of repose imposes a 10-year limit beyond which a wrongful death claim cannot be maintained, and …