Heath v. Sears, Roebuck & Co.
New Hampshire Supreme Court
123 N.H. 512, 464 A.2d 288 (1983)
- Written by Sharon Feldman, JD
Facts
Nine products-liability cases were consolidated for appeal to the New Hampshire Supreme Court. All of the cases challenged the constitutionality of New Hampshire’s 12-year statute of repose, which required a products-liability action to be brought within 12 years after the manufacturer parted with possession and control of the product or sold it. Two appeals challenged the constitutionality of New Hampshire’s three-year statute of limitations in products-liability actions, which began to run when the plaintiff discovered or, in the exercise of reasonable diligence, should have discovered his injury. Clifford Heath and others (plaintiffs) argued that the statutes violated the state constitution’s equal-protection provisions.
Rule of Law
Issue
Holding and Reasoning (Douglas, J.)
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