Indiana Appeals Court: Summary Judgment on Statute of Repose Was in Error

INDIANAPOLIS - An Indiana appeals court has remanded a couple's products liability and loss of consortium action after finding that, although the trial court was correct in granting defendants' summary judgment based on product identification, the court erred in granting summary judgment based on the statute of repose. Parks, et al. v. A.P. Green Industries, Inc., et al., No. 45A03-0007-CV-240 (Ind. Ct. App., 3rd Dist.).

On Sept. 14, the Court of Appeals of Indiana ruled that the lawsuit filed by William and Wilma Parks was not time barred by the state's ten-year statute of repose (Ind. Code § 34-20-3-1), …