United States Tenth Circuit
Durham v. Herbert Olbrich GMBH & Co., 03-6157
In a products liability suit, defendant-machinery manufacturer is not qualified for protection under Oklahoma's ten-year statute of repose, which limits liability for entities involved in the design of improvements to real property, where its production-line machinery is not an "improvement to real property."
Appellate Information
- Decided 04/20/2005
- Published 04/20/2005
Judges
- TYMKOVICH, Circuit Judge., Before LUCERO, McKAY, and TYMKOVICH, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Micky Walsh, Beeler, Walsh & Walsh, Oklahoma City, OK, and Joe E. White, Jr. and Charles C. Weddle III, White Law Firm, P.C., Oklahoma City, OK, for Plaintiff-Appellant.
- For Appellees:
- Derrick Teague and Rodney L. Cook, Jennings Cook & Hoisington, Oklahoma City, OK, for Defendant-Appellee.