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Cases - Civil

By Jeffrey Ivashuk

Torts -- Product liability -- Limitation of actions -- Statute of repose -- Tolling -- Concealment -- Action against motor vehicle manufacturer alleging defect in vehicle caused it to accelerate unexpectedly and strike a pole -- Statute of repose, which provides that any claim arising out of product defect cannot be brought more than twelve years after date of first sale to consumer, is tolled for any period during which manufacturer had actual knowledge of defect and took affirmative steps to conceal the defect -- Where plaintiffs offered evidence at summary judgment hearing which, if believed by a jury, could establish, or at least infer, concealment of defect by manufacturer, trial court improperly granted summary judgment in favor of defendant     Reported at 33 Fla...continue to full post

Full post as published by JAABlog on July 22, 2008 (boomark / email).