Statute of Repose Deemed Unconstitutional in Indiana Asbestos Case

INDIANAPOLIS - An appeals court in Indiana has ruled that the state's statute of repose for products liability claims is unconstitutional when applied to claims by individuals either exposed to asbestos before the statute was enacted or where there is no evidence that the product was more than 10 years old at the time the plaintiff alleges exposure. Jurich v. Garlock, Inc., et al., No. 45A03-0010-CV-366 (Ind. Ct. App.).

The Oct. 18 ruling is the latest in a series of decisions interpreting the statute, which has been challenged mostly on grounds that an exception to the statute removing liability from …