Camacho v. Ford Motor Co., No. 20-50422 (5th Cir. 2021)Annotate this Case
The Fifth Circuit held that a car manufacturer's transfer of a vehicle to a dealer counts as a "sale of the product" that triggers the statute of repose. The court also held that the statutory rule that a period of minority is "not included in a limitations period" does not toll the statute of repose.
The court affirmed the district court's judgment that the statute of repose bars plaintiffs' products liability action against Ford under Texas law. Ford argued that plaintiffs' claims were barred by section 16.012(b) of the Texas Civil Practice and Remedies Code, the 15-year statute of repose for products-liability claims. The district court granted Ford's motion. In this case, the statute of repose began running on October 6, 2003, rendering this lawsuit, filed more than fifteen years later on January 10, 2019, untimely. Furthermore, the minor plaintiff's claims are also barred by the statute of repose.