Statute of Repose Bars Silica Claim Against Kiln Installer, Court Holds

TYLER, Texas - A state appeals court has held that, under the statute of repose, an installer of a kiln product that may have caused a worker's silicosis cannot be held liable for the alleged injury because the product was installed more than 10 years before the plaintiff brought his suit against the company. Cofer v. Ferro Corp., No. 12-02-00151 (Texas Ct. App., Twelfth Dist.).

In an Aug. 6 decision affirming an award of summary judgment to defendant Ferro Corp., the Twelfth District Texas Court of Appeals said the evidence showed that Ferro falls into the classes of defendants protected …