Indiana Court of Appeals Affirms Trial Court's Statute of Repose Interpretation

INDIANAPOLIS - An Indiana appeals court has ruled that the wife of a victim of mesothelioma may continue her wrongful death case unbarred by the Indiana 10-year statute of repose, despite defendants' arguments that the asbestos exception to the statute of repose did not apply to the case. Allied Signal, Inc., et al. v. Herring, No. 49A02-0008-CV-528 (Ind. Ct. App., 2nd Dist.).

In its Nov. 6 opinion, the Court of Appeals of Indiana, Second District, rejected defendants' semantic arguments that they did not fit the description of 'persons who mined and sold commercial asbestos' as set forth in Ind. Code …