Fox v. Collins

Plaintiff appeals from a limited judgment dismissing for a second time her product liability claims against defendants Genzyme Corporation and Valleylab, Inc. Plaintiff, whose claims against those defendants had previously been dismissed as time barred, refiled her claims under a special “revival” statute enacted by the legislature in 2003. The trial court concluded that that statute was unconstitutional and dismissed plaintiffs claims against defendants with prejudice. We reverse and remand.

Before relating the facts of this case, a brief discussion of the evolution of the statute of…