Indiana Supreme Courts Strikes Down Unfair Law
By: Cohen, Placitella & Roth @ Mar 09, 2016
In a landmark decision the Indiana Supreme Court struck down an unfair law that prevented a deserving plaintiff from bringing his mesothelioma case.
The plaintiffs, Larry and Loa Myers and Raymond and Mary Geyman,1 brought suit alleging damages stemming from asbestos-caused diseases. Larry Myers worked as an electrician from 1959 until his retirement in 1999. During that time he was exposed to asbestos from materials he was working with or from materials at various job sites. He was diagnosed in March 2014 with malignant pleural mesothelioma, “a form of cancer which sometimes developsmany years after exposure to asbestos.” Appellants Myers’ App’x at 110. Raymond Geyman worked for an electric utility company from 1955 to 1970, and was exposed during that time to asbestos from products he worked on and around. He was diagnosed with mesothelioma in March 2007 and died in March 2008. The Supreme Court struck down the law preventing the plaintiff from suing as unconstitutional.
The IN Supreme Court held 3-2 that the IPLA Statute of Repose is unconstitutional where an inherently dangerous product causes disease that cannot be diagnosed within the 10 year repose period. This is a monumental decision for asbestos cases and other toxic torts in IN. Congratulations to my friends Kathy Farinas and Linda George for the great work they did.
A copy of the opinion of the court is attached. See here.
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