A new decision may herald a flood of asbestos claims in the Hoosier State. The Indiana Supreme Court declared the Indiana Product Liability Act statute of repose unconstitutional as applied to asbestos claims, essentially overruling the court’s prior decision in AlliedSignal v. Ott, 785 N.E.2d 1068 (Ind. 2003).
In a dissenting opinion, Justice Massa expressed particular outrage that this case “began with an unusual act of defiance in the trial court, when the judge (shortly before retiring) refused to apply our clear and unmistakable precedent and grant summary judgment to the defendants.” Noting that the court’s decision in Ott “could not be any clearer, the trial court was required to apply it accordingly, and refused,” Justice Massa lamented, “After today, what is to keep another trial judge from deciding he prefers this dissent?”
For further discussion, and a copy of the decision, please click here.