Court Again Rejects Efforts to Use Statute of Repose as Basis for Dismissal

PROVIDENCE, R.I. -- Finding that a genuine issue of material fact existed as to whether Kaiser Gypsum Co. was involved with the installation of products at issue in an asbestos case, the Rhode Island Superior Court has declined to award summary judgment on statute of repose grounds. Plympton, et al., v. American Standard, et al., No. C.A. No. PC 05-1534 (R.I. Super. Ct.).

The Feb. 6 decision comes just weeks after the court found against Kaiser Gypsum in another asbestos case involving the same issue. See related story, "Kaiser's Efforts to Use Statute of Repose as Defense in R.I. …