Saturday, October 07, 2006

For once the Nebraska supreme court upholds a summary dismissal of a frivolous lawsuit: Plaintiff burned while burning yard waste sued textile company that made his t shirt. Manufacturer demonstrated enough evidence on summary judgment to show that someone bought the shirt more than 10 years before the accidentMarksmeier v. McGregor Corp., 272 Neb. 401Filed October 6, 2006. No. S-05-423. the Nebraska statute of repose, Neb. Rev. Stat. § 25-224(2)(a)(ii) (Cum. Supp. 2004)borrows the statute of repose that belongs to the state of manufacture,in this case Tennessee's. Tenn. Code. Ann. § 29-28-103(a) (2000). Just think way back around 1990 someone made clothing in the United States! Following the 7th Circuit decision Schamel v. Textron-Lycoming, 1 F.3d 655 (7th Cir. 1993) the defendant moving for summary judgment does not have to prove how long the items stayed on their inventory shelves. Rather the defendant need only prove that it stopped distributing the item at a time outside the repose period, then the Plaintiff must rebut.

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