Associated Electric & Gas Ins. v. BendTec, Inc., No. 15-2596 (8th Cir. 2016)
Annotate this CaseThe utility and its insurers filed suit against BendTec for negligence, alleging that its pipes were the source of grit and had been improperly cleaned. The district court granted summary judgment to BendTec. The court affirmed the judgment, agreeing with the district court's conclusion that the negligence claim was barred under the two year limitations period in Minn. Stat. 541.051 since the installation of the turbine was an improvement to real property. Because the two year statute of limitations in Minn. Stat. 541.051 applies and the subdivision 1(e) exception does not, and plaintiffs did not file this lawsuit within the limitations period, the district court correctly granted summary judgment to BendTec.
Court Description: Murphy, Author, with Beam and Gruender, Circuit Judges] Civil case - Negligence. In action alleging defendant had negligently cleaned pipes leading to a power plant turbine, the district court did not err in concluding the negligence claim was barred by Minn. Stat. Section 541.051 since the pipes manufactured by defendant were permanent additions to the turbine and enhanced the property's capital value; the exception to the limitations period contained in subdivision 1(e) of the statute did not apply as Minnesota courts would not consider the turbine piping to be equipment or machinery covered by the exception.
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