Horning v. Penrose Plumbing & Heating Inc.Annotate this Case
After an exhaust pipe in the furnace in their home ruptured, Richard and Mary Horning were diagnosed with having sustained severe carbon monoxide poisoning. The Hornings sued Penrose Plumbing & Heating, Inc. and others, alleging that Penrose was negligent in installing the heating, ventilation and air conditioning system. The district court granted summary judgment for Penrose, determining that the Hornings did not file their complaint within the applicable ten-year statute of repose. The Supreme Court reversed, holding (1) the district court erred in its interpretation of the applicable statute of repose; and (2) under the facts of this case, the Hornings’ complaint was timely filed.