Ark. High Court Affirms Dismissal of Asbestos Claims, But Says ‘Result Smacks of Unfairness’

LITTLE ROCK, Ark. –– The Arkansas Supreme Court has affirmed a lower court’s holding that asbestos plaintiffs were barred from bringing their claims under the exclusive remedy provision under the state’s Workers’ Compensation Act, but opined that the result “smacked of unfairness” given that mesothelioma has a long latency period.

In the Dec. 15 opinion, the high court said that it was bound to the determination of the General Assembly, which saw fit to create a statute of repose with only a three-year duration, and that, ultimately, “any equity must be addressed by the General Assembly.”

Brenda Hendrix asserted the …