Perkins v. Clark Equipment Co.
United States Court of Appeals for the Eighth Circuit
823 F.2d 207 (1987)
- Written by Salina Kennedy, JD
Facts
Clark Equipment Company (Clark) (defendant), a corporation licensed to do business in both Iowa and North Dakota, designed and manufactured a skid steer loader and sold the loader to a third party in Iowa. The third party modified the loader and resold it to the City of Des Moines (city). Ray Perkins (plaintiff), an Iowa resident and a city employee, broke his leg at work when he tried to climb onto the loader. The city paid Perkins’s medical bills and Perkins collected workers’-compensation benefits. More than two years after he was injured, Perkins and his wife, Marilyn Perkins (plaintiff) sued Clark in federal district court in North Dakota. Clark moved for summary judgment, arguing that the claim was barred by Iowa’s two-year statute of limitations. The Perkinses argued that North Dakota’s six-year statute of limitations applied. The district court granted Clark’s motion, and the Perkinses appealed.
Rule of Law
Issue
Holding and Reasoning (Gibson, J.)
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