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COVALT v. CAREY CANADA INC.

No. 88-1828.

860 F.2d 1434 (1988)

Cleremont L. COVALT and Ahnighita M. Covalt, Plaintiffs-Appellees, v. CAREY CANADA INC. and Union Carbide Corporation, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 7, 1988.

Attorney(s) appearing for the Case

Michael A. Bergin, Locke, Reynolds, Boyd & Weisell, Indianapolis, Ind., for defendants-appellants.

Stephen L. Williams, Mann Chaney Johnson Goodwin & Williams, Terre Haute, Ind., for plaintiffs-appellees.

Before WOOD, Jr. and EASTERBROOK, Circuit Judges, and GORDON, Senior District Judge.

EASTERBROOK, Circuit Judge.

Indiana's statute of repose provides that any "product liability action" based on theories of negligence or strict liability "must be commenced within two (2) years after the cause of action accrues or within ten (10) years after the delivery of the product to the initial user or consumer", unless the claim accrues between eight and ten years after delivery, in which case the victim has two years to file suit. Ind.Code § 33-1-1.5-5...

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