Seller Can Be Added to Asbestos Claim After Initial Limitations Period Expires, Court Holds

KNOXVILLE, Tenn. - An asbestos-containing product seller named to a personal injury complaint after the statute of limitations had expired on the original claim cannot escape liability on a statute of limitations defense where the manufacturer of the product is insolvent, a state appeals court has held. Braswell, et al. v. ACandS, Inc., et al., No. E2002-00093-COA-R9-CV (Tenn. Ct. App.).

In a Dec. 19 decision affirming a trial court's denial of summary judgment to National Service Industries (NSI), the Tennessee Court of Appeals also preserved the language of a statute prohibiting plaintiffs from bringing an action against the product seller …