and Western Railway Company (“N & W”) instituted an action against N & W for injuries allegedly caused by work-place exposure to asbestos. N & W, in turn, implead the various manufacturers of the asbestos (the “Manufacturers”) for indemnification. The Manufacturers moved to dismiss this claim as time-barred under UCC § 8.2-725 because they had delivered the asbestos products to N & W more than four years before the commencement of the action against them. The district court, however, rejected this motion, holding that the cause of action for an indemnity claim accrues when the indemnitee is injured, not on the date of delivery of the product even when the underlying claim sounds in warranty and thus would seem to implicate the UCC. In re Fela Asbestos Litigation, 638 F.Supp. at 113 (<HOLDING>). The Supreme Court of Virginia in Gemco-Ware,
holding that the relevant time is the time of the employment decision holding that the point of accrual is better linked to a time at which the indemnitee is injured not the time at which the original plaintiff was injured holding that where the law is unsettled at the time of trial but settled by the time of appeal the plainness of the error should be judged by the law at the time of appeal holding that the proper focus when determining the starting point of the limitations period  is upon the time of the discriminatory acts not upon the time at which the consequences of the acts became most painful  holding that risk is measured at the point when the attorneys time was committed to the case