Pounders v. Enserch E&C

Date: October 25, 2012

This case involves choice-of-law and application of New Mexico’s statute of repose for asbestos claims arising from improvements to real property.  The plaintiff was exposed to asbestos at various times (1969-1974 and 1977-1983) while working as a welder in New Mexico.  Over two decades later, the plaintiff filed a personal injury suit in Arizona. The Arizona Court of Appeals held that New Mexico law governed because plaintiff’s “injury” took place in New Mexico and New Mexico has a more substantial interest in having its law applied.  If Arizona law were found to apply the claim could proceed, whereas New Mexico law would bar the claim.

NFIB Legal Center filed in support of the business defendant, making the case that New Mexico law should apply.

Status: Pending - Arizona Supreme Court.

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