Article

What Part of "No" Don't You Understand?

For at least the fourth time, the First District Appellate Court has told the asbestos plaintiffs' bar that the Illinois Construction Act Statute of Repose means what the Illinois Supreme Court has said: the statute "protects, on its face, anyone who engages in the enumerated activities" - namely, the "design, planning, supervision, observation or management of construction." 735 ILCS 5/13-214. If you did those things, and 10 years have elapsed from any act or omission, the statute of repose should bar claims. This is true even though asbestos-related diseases often do not manifest themselves for more than 10 years. King v. Paul J. Krez Co., 752 N.E.2d 605, 256 Ill.Dec. 725 (1st Dist. June 22, 2001), citing with approval, Risch v. Paul J. Krez Co., 287 Ill.App.3d 194, 678 N.E.2d 44, 222 Ill.Dec. 637 (1st Dist. 1997) (directly on point with the case at bar); Illinois Masonic Medical Center v. AC & S, 266 Ill.App.3d 631, 640 N.E.2d 31, 203 Ill.Dec. 604 (1st Dist. 1994); and McIntosh v. A & M Insulation Co., 244 Ill.App.3d 247, 614 N.E.2d 203, 185 Ill.Dec. 69 (1st Dist. 1993).