Stearns v. Metropolitan Life Insurance Co.
Stearns v. Metropolitan Life Insurance Co.
Opinion
**530 *696 In this case we are called on to answer a certified question from the United States District Court for the District of Massachusetts concerning whether the six-year statute of repose set forth in G. L. c. 260, § 2B ( § 2B ), operates to bar tort claims arising from diseases with extended latency periods, such as those associated with asbestos exposure, where the defendants had knowing control of the injurious instrumentality at the time of exposure. 4 We answer the question in the affirmative. Consistent with our precedent, we conclude that § 2B completely eliminates all tort claims arising out of any deficiency or neglect in the design, planning, construction, or general administration of an improvement to real property after the established time period has run, even if the cause of action arises from a disease with an extended latency period and even if a defendant had knowing control of the instrumentality of injury at the time of exposure. In so doing, we recognize that, considering the latency period for asbestos-related illnesses, this will have the regrettable effect of barring all or nearly all tort claims arising from negligence in the use or handling of asbestos in construction-related suits. Nonetheless, the appropriate recourse is in the Legislature, not this court.
Background . Because our task is limited to responding to the certified question, we do not delve deeply into the factual complexities of this case. 5 The underlying action concerns the death of Wayne Oliver, who died in 2016 of mesothelioma after exposure to asbestos during the construction of two nuclear power plants in the 1970s. Relevant to the issue at hand, defendant General Electric Company (GE) designed, manufactured, and sold steam turbine generators for installation at each of the plants and supervised the installations. GE's installation specifications called for the use of asbestos-containing insulation materials. Oliver, who worked as a pipe inspector for a nonparty, was present while the insulation was **531 cut, mixed, and applied to certain piping systems and equipment in the turbine halls of both plants, exposing him to the toxic asbestos particles within.
Oliver came into contact with the tainted insulation between 1971 and 1978, 6 received his malignant mesothelioma diagnosis in April 2015, and commenced the underlying action in the Superior Court in August 2015. He alleged, among other things, that GE had negligently exposed him to asbestos during the construction of the two power plants and caused him to contract mesothelioma. Thereafter, the case was removed to the Federal District Court and, when Oliver passed away in July 2016, that court allowed the plaintiffs, *697 as coexecutors of Oliver's estate, to submit an amended complaint and continue the litigation.
GE moved for summary judgment on the ground that the plaintiffs' claims against it were barred by § 2B, which sets a firm six-year time limit for tort actions arising out of any deficiency or neglect in the design, planning, construction, or general administration of an improvement to real property. The plaintiffs disputed that § 2B was intended to apply to cases involving diseases with extended latency periods because it otherwise would have the effect of extinguishing meritorious claims before they even come into existence.
The judge found that GE's turbine generators, including their insulation materials, were "indisputably" improvements to real property under the statute. Notwithstanding this finding, she denied GE's motion as to Oliver's claims arising from the alleged asbestos exposure because it was "not at all clear" that the statute was designed to bar a category of claims "known uniformly to have a latency period of at least twenty years," particularly where "GE had control of the site at the time of Oliver's asbestos exposure, conducted regular on-site maintenance and inspections for at least two decades after construction was complete, and continues ... to perform [routine] refueling outages", removing it from the category of defendants customarily protected by the statute. GE subsequently moved for the judge either to reconsider her decision or certify the ruling for an interlocutory appeal to the United States Court of Appeals. The plaintiffs opposed interlocutory appeal but, in the event of any such appeal, moved instead for certification to this court pursuant to S.J.C. Rule 1:03, as appearing in
**532 "whether or not the Massachusetts statute of repose, [G. L. c.] 260, § 2B, can be applied to bar personal injury claims arising from diseases with extended latency periods, such as those associated with asbestos exposure, where defendants had knowing control of the instrumentality of injury at the time of exposure."
We conclude that the answer to the reported question is controlled by the language of § 2B, the history of this and related statutes of repose, and our previous cases.
Discussion
. We interpret a statute according to the intent of the Legislature, which we ascertain from all its words, "construed by the ordinary and approved usage of the language" and "considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished" (citation omitted).
Harvard Crimson, Inc
. v.
President & Fellows of Harvard College
,
It is well established that a statute of repose "eliminates a cause of action at a specified time, regardless of whether an injury has occurred or a cause of action has accrued as of that date."
Bridgwood
v.
A.J. Wood Constr., Inc
.,
In stark contrast to statutes of limitation, "statutes of repose may not be 'tolled' for
any
reason" (emphasis added).
Nett
,
The statute provides in relevant part:
"Action[s] of tort for damages arising out of any deficiency or neglect in the design, planning, construction or general administration of an improvement to real property ... shall be commenced only within three years next after the cause of action accrues; provided, however, that in no event shall such actions be commenced more than six years after the earlier of the dates of: (1) the opening of the improvement to use; or (2) substantial completion of the improvement and the taking of possession for occupancy by the owner."
We recently had occasion to discuss both the language of and the legislative purpose behind the enactment of § 2B in
Bridgwood
,
We have held that limiting the duration of liability in this way serves a legitimate public purpose, even though it may abolish a plaintiff's cause of action without providing any alternative remedy.
Bridgwood
,
The plaintiffs contend that § 2B does not shield a defendant that was in control of the improvement to real property at the time of the incident giving rise to the cause of action, nor does it apply to diseases with extended latency periods, such as those associated with asbestos exposure. We do not agree.
The language of § 2B is unequivocal. It provides that "
in
no event
shall [an action of tort for damages covered herein] be commenced more than six years" after the earlier of two specified dates: "(1) the opening of the improvement to use; or (2) the substantial completion of the improvement and the taking of possession ... by the owner" (emphasis added). The apparent intent of the Legislature was to place an absolute time limit on the liability of those protected by the statute.
Bridgwood
,
Our conclusion is bolstered by the fact that the Legislature has expressly provided for an exception in another, similar statute of repose. See G. L. c. 260, § 4 (statute of repose applicable to medical malpractice actions excludes actions arising from foreign object left in body);
Joslyn
,
Moreover, had the Legislature wanted to exempt claims arising from negligence involving asbestos from § 2B specifically, it has demonstrated that it knows how to do so. In G. L. c. 260, § 2D, the so-called asbestos revival statute, see
Commonwealth
v.
Owens-Corning Fiberglas Corp
.,
"As we have stated previously, we recognize that statutes of repose 'may impose great hardship on a plaintiff who has suffered injury and has a meritorious claim' but who does not suffer or discover the injury within the period permitted for initiation of suit."
Joslyn
,
Although the six-year time limit "is in some manner arbitrary," it is the Legislature's task to draw the line, not ours (citation omitted).
Joslyn
,
Conclusion . We answer the certified question as follows: Section 2B completely eliminates all tort claims arising out of any deficiency or neglect in the design, planning, construction, or general administration of an improvement to real property after the established time period has run, even if the cause of action arises from a disease with an extended latency period and even if a defendant had knowing control of the instrumentality of injury at the time of exposure.
The Reporter of Decisions is to furnish attested copies of this opinion to the clerk of this court. The clerk in turn will transmit **539 one copy, under the seal of the court, to the clerk of the United States District Court for the District of Massachusetts, as the answer to the question certified, and will also transmit a copy to each party.
We acknowledge the amicus curiae briefs submitted by the Massachusetts Defense Lawyers Association and Coalition for Litigation Justice, Inc.; Massachusetts Asbestos Litigation Defendants' Liaison Counsel and Coalition for Litigation Justice, Inc.; and Massachusetts Academy of Trial Attorneys.
We take our facts as the Federal District Court judge found them.
The plants opened commercial operations in 1972 and 1975, respectively.
Suppliers and manufacturers are not included in the class of persons protected from suit under G. L. c. 260, § 2B (§ 2B ).
McDonough
v.
Marr Scaffolding Co
.,
The plaintiffs argue, relying on
Klein
v.
Catalano
,
General laws c. 260, § 2D, provides:
"Any action brought by ... the [C]ommonwealth or any other political subdivision thereof to recover any costs associated with asbestos related corrective actions ... shall be commenced only within six years next after ... the [C]ommonwealth or any other political subdivision thereof knew of the presence of and the hazard or damage caused by the presence of such asbestos or material containing asbestos within its buildings."
The plaintiffs point out that a number of other State Legislatures have effectively exempted asbestos-related illnesses from their respective statutes of repose concerning improvements to real property. We encourage our Legislature to consider doing the same should it determine that such an exception is consonant with the Commonwealth's public policy.
Reference
- Full Case Name
- June STEARNS, Coexecutrix,& Another v. METROPOLITAN LIFE INSURANCE COMPANY & Others.
- Cited By
- 10 cases
- Status
- Published