United States Eighth Circuit

In an action against the manufacturer of a bathroom ventilation fan for a fan which allegedly malfunctioned and damaged plaintiffs' property, summary judgment for defendant based on Minnesota Statute section 541.051 is affirmed is where: 1) the plain language of the statute includes defendant as a member of the class covered by the Minnesota statute of repose; 2) the district court properly interpreted Minnesota law and found plaintiffs did not establish that defendant's interior bathroom ventilation fan was "equipment or machinery" excepted from the statute of repose; and 3) thus, the statute of repose applies to plaintiffs' claims.

Appellate Information

• Decided 04/07/2008
• Published 04/07/2008

Judges

• RILEY, Circuit Judge., Before RILEY, COLLOTON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Lisa M. Dailey, argued, Minneapolis, MN (Joseph F. Lulic, on the brief), for appellant.


• For Appellees:
  
• William A. LeMire, argued, Minneapolis, MN (Aaron M. Ponce, on the brief), for appellee.