Durre v. Wilkinson Dev., Inc.

830 N.W.2d 72

 

RULE:

The language of Neb. Rev. Stat. § 25-223 (Reissue 2008) applies to all actions for damages, including causes of action for personal injury and an action in tort for damages caused by the negligent construction of a building.

FACTS:

In April 2009, the husband and wife were sitting in their pickup truck. A restaurant's sign fell onto the cab of the truck, injuring the husband and killing the wife. The husband brought an action against defendants, a sign company and a sign repair company, for personal injury and wrongful death. The trial court awarded summary judgment to defendants, and plaintiff husband sought review.

ISSUE:

Were plaintiff’s claims against the sign company barred by the 10-year statute of repose?

ANSWER:

Yes.

CONCLUSION:

On appeal, the court found that the claims against the sign company were barred by the 10-year statute of repose in Neb. Rev. Stat. § 25-223 (Reissue 2008). The action against the sign company was not commenced until March 20, 2011, which was more than 10 years after the May 1999 completion and installation of the sign. The husband did not present any evidence that the sign company fraudulently concealed information that prevented his timely filing of the action. The husband did not provide evidence that the sign company knew of a latent defect in the height of the sign before measurements were taken after the accident. Further, there was no evidence that the sign repair company breached a duty of reasonable care when it replaced lamps and ballasts within the lighted portion of the sign. It was not aware that the height of the sign exceeded the limits imposed by city code. The judgment was affirmed.

Click here to view the full text case and earn your Daily Research Points.