Ramona & Lee Stegemoller v. ACandS, Inc.

Ramona Stegemoller allegedly contracted a disease as a result of contact with asbestos fibers brought home on the person and clothing of her husband Lee, a union insulator. The trial court dismissed the Stegemollers’ suit on the basis that Ramona lacked standing under Indiana’s Product Liability Act. The Court of Appeals affirmed. Stegemoller v. ACandS, Inc., 749 N.E.2d 1216, 1220 (Ind. Ct. App. 2001).

We granted transfer, 761 N.E.2d 423 (Ind. 2001), and now hold that she has standing as a bystander under the Act. See footnote

Analysis

The Act governs actions by users or consumers against manufacturers or sellers for physical harm caused by products. Ind. Code Ann. § 34-20-1-1 (West 1999). For purposes of the Act, “consumer” includes “any bystander injured by the product who would reasonably be expected to be in the vicinity of the product during its reasonably expected use.” Id. § 34-6-2-29. Who qualifies under this statutory definition is a legal question, to be decided by the court. Estate of Shebel v. Yaskawa Elec. Am., Inc., 713 N.E.2d 275, 279 (Ind. 1999).

In Dague v. Piper Aircraft Corp., 275 Ind. 520, 528, 418 N.E.2d 207, 212 (1981), we determined that it was “clear the legislature intended that the [A]ct govern all product liability actions, whether the theory of liability is negligence or strict liability in tort.” This conclusion has particular support in asbestos-related actions. Within the Act is Ind. Code Ann. § 34-20-3-2 (West 1999), which specifically addresses the time frames for bringing such claims, including those based on disease resulting from asbestos exposure.

The manufacturers and other defendants would have us hold that Mrs. Stegemoller lacks standing under the Act and cannot otherwise maintain a negligence claim because the Act “provides the sole and exclusive remedy for personal injuries allegedly caused by a product.” (Appellees’ Joint Br. at 2-3.) They say the claim falls outside the Act because Mrs. Stegemoller was not in the vicinity of the product. They reason that the product at issue is insulation material that contains asbestos, not residue such as fibers from that material, and that Mrs. Stegemoller was not in the vicinity of the industrial jobsite where the insulation material was used.

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We reverse the dismissal of this action and direct that it be reinstated.

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