Summary
holding invalid the architects' and builders' statute of repose
Summary of this case from Velarde v. Bd. of Review of Indus. Com'nOpinion
No. 880124.
November 21, 1989.
Third District, Salt Lake County; John A. Rokich, Judge.
Stephen G. Morgan and Todd S. Richardson, Salt Lake City, for plaintiff and appellant.
Thomas R. Grisley, Salt Lake City, for Jerry Cutshaw.
James A. Murphy, Salt Lake City, for Max J. Smith.
On motion of defendants, the trial court dismissed plaintiff's complaint on the ground that Utah Code Ann. § 78-12-25.5 (Supp. 1989) bars plaintiff's action. Plaintiff appeals, arguing that the statute, Utah's architects and builders statute of repose, is unconstitutional as depriving plaintiff of constitutional rights. Recently this Court ruled that the statute violates article I, section 11 of the Utah Constitution, the open courts clause. See Horton v. Goldminer's Daughter, 785 P.2d 1087 (Utah 1989); Sun Valley Water Beds of Utah v. Herm Hughes Son, Inc., 782 P.2d 188 (1989).
The judgment is reversed, and the case is remanded for further proceedings.
HOWE, Associate C.J., having disqualified himself, does not participate herein.