Widow Can't Re-Allege Asbestos Exposure Claims in Wrongful Death Complaint

INDIANAPOLIS - The widow of an asbestos worker cannot pursue a claim form her husband's wrongful death against several asbestos product distributors and manufacturers where the defendants had already been dismissed with prejudice from a previous suit filed by the same plaintiff, a state appeals court has held. Richter v. Asbestos Insulating & Roofing, et al., No. 02A05-0210-CV-481 (Ind. App. Ct., Fifth Dist.).

In a decision affirming dismissal of the widow's complaint, the Fifth District Indiana Court of Appeals said that the doctrine of res judicata bars the wrongful death claim from being litigated because it alleges nearly identical circumstances …