Opinion
C.A. No. 06C-10-320 ASB.
Submitted: October 16, 2008.
Decided: October 16, 2008.
Upon Defendant Pneumo Abex, LLC's Motion for Summary Judgment. GRANTED.
David W. DeBruin, Esquire, Bifferato Gentilotti LLC, Wilmington, Delaware, Attorneys for Plaintiff.
C. Scott Reese, Esquire, Cooch and Taylor, Wilmington, Delaware, Attorneys for Defendant Pneumo Abex, LLC.
ORDER
1. Defendant Pneumo Abex, LLC moved for summary judgment, claiming that plaintiff's claim is barred by Indiana's ten-year statute of repose. For purposes of this motion, it is not disputed that Abex stopped manufacturing brakes containing asbestos by 1986. This action was filed in 2006. The parties agree that Indiana law applies.
2. Plaintiff argues that the statute of repose does not apply to claims of willful and wanton conduct. The Statute explicitly bars claims of negligence and strict liability, but does not mention intentional conduct.
3. Indiana Code § 34-20-3-1 provides:
Sec. 1. (a) This section applies to all persons regardles of minority or legal disability. Notwithstanding IC 34-11-6-1, this section applies in any product liability action in which the theory of liability is negligence or strict liability in tort.
(b) Except as provided in section 2 of this chapter, a product liability action must be commenced:
(1) within two (2) years after the cause of action accrues; or
(2) within ten (10) years after the delivery of the product to the initial user or consumer.
4. Indiana Code § 33-1-1.5-1 defines "product liability action," for purposes of section 34-20, as: an action that is brought:
(1) against a manufacturer or seller of a product; and
(2) for or on account of physical harm;
regardless of the substantive legal theory or theories upon which the action is brought.
5. The Court finds that it was the clear intention of the Indiana General Assembly to impose a ten-year limitations period on all actions alleging defective products, whether the substantive theory of liability sounds in negligence, strict liability or intentional conduct. Enumeration in section 34-20-3-1 of negligence and strict liability does not restrict the broad language set forth in section 33-1-1.5-1, specifically applying the statute of repose to all product liability actions.
THEREFORE, the Court having found that Indiana's statute of repose bars this action, Defendant Pneumo Abex, LLC's Motion for Summary Judgment is hereby GRANTED.
IT IS SO ORDERED.