Opinion

Witherspoon v. Sides Const. Co., Inc.

  • 219 Neb. 117
  • 362 N.W.2d 35
  • 1985 Neb. LEXIS 890
Court
Nebraska Supreme Court
Filed
Feb 1, 1985
Status
Published
Author
Boslaugh
On the bench
Krivosha, Boslaugh, White, Hastings, Caporale, Shanahan, Grant
Cited by
59 cases

holding in a construction case based on a contract but presented in tort that the act which provided the basis for the claim occurred when the construction of the building was completed, irrespective of any continuing professional relationship between the parties

How later courts described this case

  • holding in a construction case based on a contract but presented in tort that the act which provided the basis for the claim occurred when the construction of the building was completed, irrespective of any continuing professional relationship between the parties
  • holding when homeowner sues general contractor for failure to construct home in workmanlike manner due to subcontractor’s installation of faulty pipe, limitations period begins to run upon substantial completion of home, not upon date pipe was installed or broke
  • holding § 25-224 applied to product liability claim against manufacturer/supplier of allegedly defective pipe used in home construction
  • statute of repose applicable to an allegedly defective product begins to run when possession of the product is first relinquished for ultimate use or consumption, not when it is placed into the stream of commerce by the manufacturer

Written by the judges who cited it.

The opinion

Boslaugh, J.,

dissenting in part.

So far as the defendant McWane Cast Iron Pipe Co., Inc., is concerned, it seems to me that the pipe had been devoted to its *128 ultimate use or consumption when it was placed in the ground, connected to the main, and used to convey water to the premises commencing on or before October 1, 1969.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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