Pounders v. Ensearch E&C, Inc.

Dudley Pounders, a New Mexico resident, was exposed to asbestos while working at a New Mexico power plant (Plant) more than thirty years ago. Dudley later moved to Arizona and, in 2008, was diagnosed with mesothelioma, a cancer associated with asbestos exposure. Dudley and his wife, Vicki, filed suit in Arizona against Defendants, including the successor-in-interest to the architect and design manager for three units at the Plant and the designer and manufacturer of industrial boilers used at the Plant. After Dudley died later that year, Vicki amended the complaint to assert claims for wrongful death. The trial court applied New Mexico substantive law to Vicki's claims, including New Mexico's statute of repose, which the court found applied to Vicki's wrongful death claim and barred the action. The court of appeals affirmed. The Supreme Court affirmed, holding that New Mexico substantive law applied to Vicki's wrongful death claim. View "Pounders v. Ensearch E&C, Inc." on Justia Law