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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: RAYMOND L. FAUST Indianapolis, Indiana

ATTORNEY FOR APPELLEE: MICHAEL J. SOBIERAY Carmel, Indiana

IN THE COURT OF APPEALS OF INDIANA
TECHNISAND, INC., Appellant-Defendant, vs. JESSIE MELTON, Personal Representative of the Estate of PATTY MELTON, Deceased, Appellee-Plaintiff. ) ) ) ) ) ) ) ) ) )

No. 30A01-0608-CV-334

APPEAL FROM THE HANCOCK CIRCUIT COURT The Honorable Richard D. Culver, Judge Cause No. 30C01-0310-CT-687

JULY 11, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BARTEAU, Senior Judge

STATEMENT OF THE CASE Defendant-Appellant Technisand, Inc. ("Technisand") brings this interlocutory appeal from the trial court's order denying its motion for summary judgment in this cause of action brought by Plaintiff-Appellee Jessie Melton ("Melton"), personal representative of the Estate of Patty Melton. We affirm. ISSUE The issue presented by this appeal is: whether the trial court erred by denying Technisand's motion for summary judgment alleging that Melton's claim against

Technisand was barred by the running of the statute of limitations for a wrongful death action. FACTS AND PROCEDURAL HISTORY Patty Melton ("Patty") worked for Keihin IPT Manufacturing, Inc. ("KIPT") from August of 1991 until December of 2001. Patty worked as a production associate in the GDC Die Cast Area. In December 2001, Patty was diagnosed with chronic myeloid leukemia ("CML") from which she died on July 25, 2002. Patty's exposure to chemicals in the workplace was then investigated. On July 11, 2003, KIPT provided Melton's counsel with a Material Safety Data Sheet ("MSDS") for resin-coated sand supplied by Technisand, as well as for chemicals provided by other corporations. The cover letter sent to Melton's counsel stated that the chemicals, including the resin-coated sand product, might have been used in KIPT's die-cast area where Patty might have been exposed to them. The MSDS for resin-coated sand notes that during normal use the 2

material will give off fumes of formaldehyde, among other things, and that formaldehyde is listed as a carcinogen. Melton, Patty's husband, filed a complaint against KIPT, and Arkansas Aluminum Alloys, Inc. ("AAA") on October 28, 2003. In that complaint, Melton alleged in relevant part that Patty died of severe and fatal physical injuries she suffered as a result of workplace exposure to unnamed chemicals while employed by KIPT. On April 7, 2004, Melton filed with the trial court a motion for leave to amend his complaint to add Betco Corporation ("Betco") and CRC Industries, Inc., ("CRC") as defendants. The trial court granted Melton's motion on April 8, 2004. On November 29, 2004, Dr. James K. Hwang, one of Patty's physicians, wrote a letter stating that formaldehyde exposure may have placed her at a greater risk for leukemia. Melton's counsel received a copy of that letter by fax on January 12, 2005. On December 20, 2004, Betco filed a motion for summary judgment. On March 15, 2005, Melton filed a response to the motion stating no objection to dismissing Betco from the cause of action. The trial court granted Betco's motion for summary judgment on June 30, 2005. On February 16, 2005, Melton filed with the trial court a motion for leave to file a second amended complaint, adding Technisand as a defendant. The trial court granted the motion on March 8, 2005. Melton amended his complaint to add the allegation that exposure to chemicals manufactured, produced and sold by Technisand caused or contributed to Patty's injuries and death.

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On May 3, 2005, Technisand filed an answer raising a statute of limitations defense. On March 1, 2006, Technisand filed a motion for summary judgment alleging that Melton's claim against it was barred by the Indiana Wrongful Death Act, Ind. Code

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