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Pti Royston, Llcv.Shirley Eubank Et Al.

CourtCourt of Appeals of Georgia
Docket No.A21A0182
DecidedJune 28, 2021
Reporter324 Ga. App. 15
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawProducts LiabilityStatutory InterpretationCivil ProcedureFraudReversal
Case Summary

Shirley Eubanks alleged that decades of using talc-containing baby powder caused ovarian cancer and sued the manufacturers and suppliers on strict-liability failure-to-warn, design-defect, and manufacturing-defect theories. The trial court rejected PTI Royston’s statute-of-repose defense, and PTI brought an interlocutory appeal. The Court of Appeals of Georgia held that the general tort statute of repose applies to strict-liability claims under Georgia’s Asbestos Claims and Silica Claims Act. It also held that the plaintiffs’ allegations that PTI concealed studies and falsely represented talc’s safety could support equitable estoppel, but the trial court had not decided whether the alleged fraud was sufficient to prevent PTI from relying on repose. The court reversed and remanded for that determination.

Opinion

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