Wrongful Death Claims are Timely, Idaho Court Rules

BOISE, Idaho -- The Idaho Supreme Court has reversed summary judgment awards entered in the favor of several asbestos defendants, ruling that the statute of limitations on a decedent's cause of action is separate from the limitations on a subsequent wrongful death cause of action. Castorena, et al. v. General Electric, et al., No. 35123 (Idaho Sup. Ct.).

In the Aug. 20 opinion, the state's high court said, "in short, a wrongful death action is an independent action grounded in identical causation."

"As the actionable wrong for a wrongful death action is not complete until the death of the decedent, …