Arizona Court Upholds Summary Judgment on Statute of Repose Grounds

PHOENIX -- An Arizona appellate court has upheld an award of summary judgment to three asbestos defendants, finding that the trial court properly applied New Mexico's statute of repose to the claims. Pounders, et al. v. Enserch E&C Inc., et al., No. 11-0282 (Ariz. Ct. App., Div. 1).

In the April 17 opinion, the Arizona Court of Appeals further found that since the decedent was exposed to asbestos in New Mexico, his injury for choice-of-law purposes occurred in New Mexico.

While living in New Mexico, plaintiff Dudley W. Pounders worked as a welder at the Four Corners Power Plant. During …