Durre v. Wilkinson Dev., Inc.
Annotate this CaseIn 2009, a sign fell on Plaintiff's pickup truck while it was parked in a lot owned by Wilkinson Development (Wilkinson). Plaintiff was injured, and his wife was killed. The sign collapsed as a result of the shearing of a section of the steel pole that held the sign. Plaintiff subsequently sued Wilkinson, Tri-City Sign Company (Tri-City), which installed the sign in 1999, and Love Signs of North Platte (Love Signs), which replaced lamps and ballasts in the sign, for personal injury and wrongful death. The district court (1) sustained Tri-City's motion for summary judgment, concluding that the action was barred by the ten-year statute of repose; and (2) sustained Love Signs' motion for summary judgment, finding there was no evidence Love Signs breached a duty of reasonable care when it performed work on the sign. The Supreme Court affirmed, holding (1) Plaintiff's claims against Tri-City were time barred by the applicable statute of repose; and (2) Love Signs owed Plaintiff no duty to discover any latent defect in the sign.
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