Forsyth Memorial Hospital, Inc. v. Armstrong World Industries, Inc.

EXUM, Chief Justice.

This is an action arising out of the purchase and installation on plaintiffs’ premises of asbestos-contaminated construction materials allegedly furnished by defendant. Plaintiffs filed suit sounding in negligence, breach of implied warranty and willful and wanton disregard for the rights of plaintiffs and others similarly situated. The issue presently dividing the parties concerns which statute of repose governs the action and whether such statute of repose time bars the claim. Because under plaintiffs’ allegations, they may be able to prove that defendant, as a…