Allied Resin Corporation v. Barry J. Waltz

The question presented in this case is whether the trial court properly applied the discovery rule in determining whether a strict liability in tort claim was timely filed. Allied Resin Corp., Conap, Inc. and Synair Corp. (Defendant-Appellants below, collectively "the chemical manufacturers") jointly seek transfer to this Court after the entry of summary judgment in favor of Barry Waltz (Plaintiff-Appellant below) was affirmed by the Court of Appeals. Allied Resin Corp. v. Waltz (1990), Ind. App., 559 N.E.2d 390. Because we find that a question of material fact exists, we accept transfer and reverse. The facts necessary for resolution of this issue follow.