No. 71S03-9805-CV-297.

729 N.E.2d 972 (2000)

James E. McINTOSH and Sondra McIntosh, Appellants (Plaintiffs Below), v. MELROE COMPANY, A DIVISION OF CLARK EQUIPMENT CO., INC., a Delaware corporation, and Ruxer Farms, Inc., an Indiana Corporation, Appellees (Defendants Below ).

Supreme Court of Indiana.

May 26, 2000.

Attorney(s) appearing for the Case

Jerry J. Phillips, Knoxville, Tennessee, Roger L. Pardieck, Seymour, Indiana, John F. Vargo, Janet O. Vargo, Indianapolis, Indiana, Attorneys for Appellants.

Robert G. Zeigler, Indianapolis, Indiana, Attorney for Appellees.

Indiana Trial Lawyers Association, Edgar W. Bayliff, P. Gregory Cross, Thomas C. Doehrman, Robert L. Justice, Henry J. Price, Mary Beth Ramey, Indianapolis, Indiana, Attorneys for Amicus Curiae.

Indiana Defense Lawyers Association, John D. Nell, Julie L. Michaelis, Joseph R. Alberts, Indianapolis, Indiana, Product Liability Advisory Counsel, Inc., Hugh F. Young, Jr., Reston, Virginia, Lloyd H. Milliken, Jr., Todd J. Kaiser, Nelson D. Alexander, T. Joseph Wendt, Indianapolis, Indiana, Attorneys for Amici Curiae.


BOEHM, Justice.

This case deals with the validity of the provision in the Product Liability Act that bars product liability claims for injuries sustained more than ten years after the product is delivered to its "initial user or consumer." The plaintiffs argue that this provision violates their constitutional right under Article I, Section 12 of the Indiana Constitution to a remedy by due course of law. They also contend that it violates...

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