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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN RE: ASBESTOS LITIGATION TERESA DENTON and CHARLES DENTON, her husband, Plaintiffs, v. A. SCHULMAN, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 06C-10-320 ASB

ORDER Submitted: October 16, 2008 Decided: October 16, 2008

Upon Defendant Pneumo Abex, LLC's Motion for Summary Judgment GRANTED David W. DeBruin, Esquire, Bifferato Gentilotti LLC, Wilmington, Delaware, Attorneys for Plaintiff C. Scott Reese, Esquire, Cooch and Taylor, Wilmington, Delaware, Attorneys for Defendant Pneumo Abex, LLC

JOHNSTON, J.

1.

Defendant Pneumo Abex, LLC moved for summary judgment,

claiming that plaintiff's claim is barred by Indiana's ten-year statute of repose.1 For purposes of this motion, it is not disputed that Abex stopped manufacturing brakes containing asbestos by 1986. This action was filed in 2006. The parties agree that Indiana law applies. 2. Plaintiff argues that the statute of repose does not apply to claims of

willful and wanton conduct. The Statute explicitly bars claims of negligence and strict liability, but does not mention intentional conduct. 3. Indiana Code

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