Folta v. Ferro Engineering

This case presents question as to whether trial court properly granted defendant-employer’s motion to dismiss plaintiff-employee’s action seeking to recover for asbestos-related disease, where plaintiff did not learn of his injuries until after expiration of statute of repose under Workers’ Compensation Act and Workers’ Occupational Diseases Act. Appellate Court, in reversing trial court, found that employee could bring common law action against his employer for accidental asbestos injury suffered in line of duty after expiration of 25-year period for bringing any workers’ compensation claim under circumstances of plaintiff’s case.