Stearns v. Metropolitan Life Insurance Co.Annotate this Case
The Supreme Judicial Court answered a question certified to it by the United States District Court for the District of Massachusetts concerning whether the six-year statute of repose set forth in Mass. Gen. Laws ch. 260, 2B operates to bar tort claims arising from diseases with extended latency periods where the defendants had knowing control of the injurious instrumentality at the time of exposure.
The Supreme Judicial Court answered in the affirmative, concluding that 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, such as a disease associated with asbestos exposure, and even if a defendant had knowing control of the instrumentality of injury at the time of exposure.