Giest
Giest v. Sequoia Ventures, Inc.
Opinion
Opinion
Reardon, J.
This appeal from a judgment of nonsuit challenges the trial court’s conclusion that the asbestos wrongful death action was barred by the Montana statute of repose, as made applicable by our own “borrowing statute.” This ruling was sound, as was the court’s award of costs. Accordingly, we affirm the judgment.
I. Background
Appellants, the surviving heirs and the executor of the estate of Leon Giest, filed this action against numerous defendants on December 5, 1995. It arises out of the death of their decedent Leon Giest on June 5, 1995, from diseases resulting from the alleged exposure to asbestos and asbestos-containing products during his working years in Montana. Subsequently, this action was consolidated with the personal injury action filed by decedent and his wife on December 29, 1993. (Giest v. Abex Corp. (Super. Ct. S.F. City and County, 1993, No. 957515.)
Respondent Sequoia Ventures, Inc. (Sequoia) moved for summary judgment on grounds the action was time-barred under Montana law. After losing this round, Sequoia lodged a trial brief on the Montana statute of repose, arguing the company’s prospective entitlement to nonsuit or directed verdict.