Indiana Court of Appeals: Asbestos Cases

Our case-law library holds 18 asbestos decisions from the Indiana Court of Appeals (1981–2016). Each links to our summary and the full opinion.

• State: Indiana
• Kind of court: State appeals court

Decisions

• Myers v. Bremen Casting, Inc. (2016). The Court of Appeals reversed the trial court's grant of partial summary judgment to Bremen Casting and Mastic Home Exteriors on the non-delegable duty and premises liability claims, affirmed the denial of summary judgment on respondeat superior, and remanded for further proceedings, so the Myerses prevailed on all three claims at this stage.
• Asbestos Corporation Limited v. Akaiwa (2007). The Indiana Court of Appeals reversed the trial court's denial of summary judgment, ruling for Asbestos Corporation Limited because the executor of Littlefield's estate showed no evidence that Littlefield was exposed to ACL asbestos.
• Casper v. LE Isley & Sons, Inc. (2007). The Court of Appeals affirmed the Worker's Compensation Board's dismissal of the Estate's claim against employer L.E. Isley & Sons, so the Estate lost and Isley won.
• Roberts v. ACandS, Inc. (2007). The Indiana Court of Appeals affirmed the Worker's Compensation Board's dismissal of the Estate's occupational disease claim against ACandS, holding the dismissal was not premature and the release provision was not unconstitutional as applied.
• TH Agriculture and Nutrition, LLC. v. Akaiwa (2007). The Indiana Court of Appeals reversed the trial court's denial of summary judgment, ruling for THAN and against the executor of Littlefield's estate because THAN was not an asbestos miner and the ten-year statute of repose barred the claim.
• Jurich v. John Crane, Inc. (2005). The Indiana Court of Appeals affirmed summary judgment for John Crane, WTI Rust Holdings and Mallinckrodt, holding the plaintiffs' claims were barred by the ten-year product liability statute of repose, to the loss of the Jurich and Serna estates.
• Psi Energy, Inc. v. Roberts (2004). The Indiana Court of Appeals affirmed the trial court's denial of PSI Energy's motions for judgment on the evidence and to correct error, leaving the jury verdict for the Robertses in place against PSI.
• Roberts v. ACandS, Inc. (2004). The Court of Appeals reversed the Worker's Compensation Board's dismissal of William Roberts's occupational disease claim against ACandS as premature and remanded; ACandS lost its bid to end its liability.
• Harris v. AC & S., Inc. (2002). The Indiana Court of Appeals reversed the trial courts' summary judgments for A.C. & S., NARCO, Mallinckrodt, Combustion Engineering, Kaiser, WTI, Rapid-American, Weil-McLain and W.R. Grace on statute-of-repose grounds and remanded, siding with the plaintiffs (Harris, Serna, Noppert and Gottschalk families).
• Allied Signal, Inc. v. Herring (2001). The Indiana Court of Appeals affirmed the trial court's denial of summary judgment to the Asbestos Defendants, so Lucille Herring's wrongful death claim survived the statute of repose challenge.
• Black v. ACandS, Inc. (2001). The court reversed summary judgment for defendants that was based on the ten-year statute of repose, and affirmed summary judgment for Rapid-American, Universal Refractories, ACandS and Brand for lack of product identification evidence, remanding the case.
• Jurich v. Garlock, Inc. (2001). The Indiana Court of Appeals reversed summary judgment for Anchor Packing, Garlock, John Crane and WTI Rust Holdings, holding the ten-year statute of repose unconstitutional as applied to Carole Jurich's claims, and remanded for further proceedings.
• Parks v. AP Green Industries, Inc. (2001). The Court of Appeals affirmed summary judgment for B.M.W., Hunter and Morrison on product identification and upheld the denial of Chicago Firebrick's product-identification motion, but reversed summary judgment for Chicago Firebrick, Uniroyal and Green on the statute of repose and remanded for the Parkses.
• Holmes v. ACandS, Inc. (1999). The Indiana Court of Appeals reversed the trial court's summary judgment and dismissal in favor of the asbestos defendants, holding Holmes's wrongful death claim was timely, so she (the plaintiff) prevailed.
• Novicki v. Rapid-American Corp. (1999). The Indiana Court of Appeals reversed the trial court's dismissal of the Novicki estate's wrongful death complaint against Rapid-American as time-barred and remanded for further argument and evidence on timeliness under Section 5.
• Sears Roebuck and Co. v. Noppert (1999). The Court of Appeals reversed the trial court's order granting the Nopperts' motion to correct errors and remanded with instructions to reinstate summary judgment for Sears, so Sears won and the Nopperts lost.
• Sorenson v. Allied Products Corp. (1999). The Indiana Court of Appeals affirmed summary judgment for Allied Products Corporation, holding Allied was not liable as successor to White Farm for Frank Sorenson's mesothelioma death, and rejecting the widow's claim that the trial court lacked jurisdiction.
• Bunker v. National Gypsum Co. (3rd District, 1981). The Court of Appeals reversed the Industrial Board's denial of disability benefits to Richard Bunker against National Gypsum, holding the three-year limit unconstitutional as applied to him, and remanded.