Commonwealth v. Owens-Corning Fiberglas Corp.

In this appeal, we consider whether, as the trial court ruled, Code § 8.01-250,1 a statute of repose, operates against the Commonwealth. The facts relevant to that question are not in dispute.

The Commonwealth filed suit on February 26, 1985, seeking to recover the costs of abating the hazard of building materials containing asbestos that were installed in 1,016 public buildings and facilities located throughout the Commonwealth. Claiming compensatory damages of $24,752,274, and punitive damages of $25,000,000, the Commonwealth named Owens-Corning Fiberglas Corporation and 34 others as…