Construction Statute of Repose Doesn't Bar Asbestos Claim, Illinois Court Rules

SPRINGFIELD, Ill. - A lawsuit filed against the distributor of an asbestos-containing product is not barred by limitations set out in a construction statute, which is designed to bar claims relating to improvements to real property, an Illinois appeals court has ruled. Boldini v. Owens Corning, et al., No. 4-00-0041 (Ill. App. Ct., 4th Dist.).

Reversing a trial court decision that applied the statute and its ten-year limitation to bar the complaint, the Illinois Appellate Court, Fourth District, said the section applies to the activity of installing asbestos-containing materials, but not to the related sales and distribution of such materials. …