Gill v. Evansville Sheet Metal Works, Inc.
2010 Ind. App. LEXIS 2374
| Ind. Ct. App. | 2010Background
- Gale Gill worked for ALCO until 1986; ESMW acted as ALCO's contractor at a site with asbestos-containing materials.
- Gale died of lung cancer on May 4, 2005; Sharon Gill filed a Master Complaint on May 4, 2007 on her and Gale's Estate behalf asserting asbestos exposure.
- ESMW moved for summary judgment asserting CSOR barred the claims under Indiana Code 32-30-1-5(d); trial court partially granted and denied, then granted in favor of ESMW on renewed motion.
- The case proceeded under Marion County mass tort local rules; the court treated the matter as stayed with limited pre-discovery briefing for an initial summary judgment.
- On appeal, the Indiana Court of Appeals reviewed CSOR applicability, the timing of exposure, and whether local rules improperly foreclosed necessary factual development.
- Court concluded the CSOR applied and Sharon's suit was barred because filed more than ten years after substantial completion/exposure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CSOR bars Sharon's claim. | Gill argues CSOR does not apply or is misapplied. | EsMW contends the ten-year repose period bars the action. | CSOR bars the claim. |
Key Cases Cited
- Meredith v. State, 679 N.E.2d 1309 (Ind.1997) (local rules; justice over strict adherence)
- Kissel v. Rosenbaum, 579 N.E.2d 1322 (Ind.Ct.App.1991) (CSOR is a statute of repose, not a limitation)
- Spriggs v. J.M. Foster, Inc., 789 N.E.2d 526 (Ind.App.2003) (question of what constitutes an improvement to real property)
- J.M. Foster, Inc. v. Spriggs, 789 N.E.2d 526 (Ind.App.2003) (improvement to real property; (related discussion))
- Magnuson v. Billings, 152 Ind. 177, 52 N.E. 803 (Ind.1899) (rule on court-made rules; authority of local rules)