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McIntosh v. Melroe Co.
Indiana Supreme Court
729 N.E.2d 972 (Ind. 2000)
- Written by Deanna Curl, JD
Facts
On June 9, 1993, McIntosh (plaintiff) was injured while using a Clark Bobcat skid loader that was manufactured by Melroe Co. (defendant). McIntosh alleged that his injuries were caused by a defect in the loader and sued Melroe for his injuries. The undisputed evidence established that the skid loader was delivered to its initial user on September 9, 1980, almost 13 years prior to the accident. Melroe moved for summary judgment, arguing that McIntosh’s claim was barred by the 10-year statute of repose in the Product Liability Act. McIntosh argued that the 10-year statute of repose in the act violated the Indiana Constitution’s guarantee to a remedy through due course of law.
Rule of Law
Issue
Holding and Reasoning (Boehm, J.)
Dissent (Dickson, J.)
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