Ind. High Court Finds Claim Limited by Wrongful Death Statute

INDIANAPOLIS - The Indiana Supreme Court has held that claims brought after the death of a family member must meet the two-year filing deadline under the state's Wrongful Death Act despite a more liberal statute of limitations that might apply for the underlying tort claim. Technisand Inc. v. Melton, No. 30S01-0801-CV-28 (Ind. Sup. Ct.).

The high court on Dec. 24 reversed decisions by lower courts allowing Jessie Melton to file a lawsuit more than two years after his wife's death in which he alleged that her leukemia was caused by workplace exposure to formaldehyde fumes from resin-coated sand.

Patty Melton …