On October 5, 2015, two of George & Farinas, LLP cases were heard before
the Indiana Supreme Court with regard to the state’s 10-year statute
of repose for
asbestos-related claims. This law was previously interpreted to mean that asbestos victims could
only pursue claims against the manufacturers who both mined and sold asbestos,
but for claims against manufacturers who were not also miners, it set
a 10-year time limit from date of exposure for those who wanted to pursue
their claim for injury. This created an impossible standard in asbestos
cases as most asbestos diseases are not known until 10-50+ years from
date of exposure.
As of March 2, 2016, the
Indiana Supreme Court decided in a 3-2 vote, that this statute of repose is indeed unconstitutional
and violates equal privileges and protections previsions of the Indiana
Constitution. This decision now puts the rights of asbestos victims in
Indiana in line with the rights of asbestos victims throughout the U.S.,
according to Attorney Kathy Farinas.
The two cases George & Farinas, LLP brought before the IN Supreme Court
included the family of mesothelioma victim, Ray Geyman, and Larry Myers
and his wife, who are living
mesothelioma fighters. Both of these parties will now be able to pursue tort claims
against the companies responsible for their exposure related illnesses
that happened decades ago. “Based on our reading, it would be logical
to apply the holding to other similar products that cause latent injuries
and death based on the court’s analysis,” said Attorney Farinas in an
article on Bloomberg.
For George & Farinas, LLP, this is a monumental victory that will change
the course of asbestos-related claims for not only their clients, but
all victims throughout Indiana.