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Ott v. Alliedsignal5/19/2005
st two bases to distinguish between long-latency illnesses and short-latency illnesses, we cannot invalidate the statutory distinction between the two kinds of harm that is created by the products liability statute of repose, Indiana Code § 34-20-3-1. As our supreme court already has held, it is legitimate for the General Assembly to provide certainty (that is, "repose") for manufacturers of products so that they can know that after a specified date there can be no more claims based upon their products. McIntosh, 729 N.E.2d at 981. It also is legitimate to treat claims differently to encourage their prompt presentation while evidence is fresh. Id. Only a single basis is required to uphold the classification that Ott challenges. Collins, 644 N.E.2d at 80 (" courts place the burden upon the challenger to negative every conceivable basis which might have supported the classification.") (internal quotation omitted); Minton v. State, 802 N.E.2d 929, 935 (Ind. Ct. App. 2004) (same), trans. denied. The classification therefore survives scrutiny under Article I, § 23.
Affirmed.
SHARPNACK, J., and MAY, J., concur.
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