TH AGRICULTURE AND NUTRITION, LLC. v. Akaiwa

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

TH Agriculture and Nutrition, L.L.C. (“THAN”) brings this interlocutory appeal from the trial court’s denial of its motion for summary judgment on the claims of Frank Akaiwa, Executor of the Estate of Bill Z. Littlefield. 1 We address a single dispositive issue on review, namely, whether the trial court properly determined that the ten-year statute of repose contained in Indiana Code Section 34-20-3-1 does not apply to Akaiwa’s cause of action.

We reverse.

FACTS AND PROCEDURAL HISTORY

THAN was formed in 1998 and is the successor by merger to TH…