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- Opportunity: We represented a major Oklahoma public utility in defense against claims that an employee of a contractor who had worked in one of the company’s power plants contracted mesothelioma due to asbestos exposure decades before, in the early 1950s.
- Solution: Doerner formulated a defense based on the argument that the claim was invalid due to Oklahoma’s statute of repose involving claims arising from construction of improvements to real property, which bars claims arising more than ten years after the completion of the improvement.
- Result: Our defense was accepted at all levels, including summary judgment by the District Court of Oklahoma County and affirmation by the Oklahoma Court of Civil Appeals and the Supreme Court of Oklahoma. This was the first appellate decision in Oklahoma to uphold the statute of repose in favor of a premises defendant in an asbestos-related case.
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