Radke v. H. C. Davis Sons' Manufacturing Co. , 241 Neb. 21 ( 1992 )


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  • White, J.,

    dissenting.

    Nebraska’s statute of repose for products liability actions separately classifies persons injured by a defective product more than 10 years after its purchase or lease and persons injured by a defective product less than 10 years after its purchase or lease. In the absence of provisions somehow relating the period of repose to the useful life of the product or discovery of the defect, the Legislature’s classification satisfies neither the special legislation provision of the Nebraska Constitution nor the Equal Protection Clause of the U.S. Constitution. See, Neb. Const, art. Ill, § 18; U.S. Const, amend. XIV.

Document Info

Docket Number: No. S-89-1473

Citation Numbers: 241 Neb. 21, 486 N.W.2d 204, 1992 Neb. LEXIS 219

Judges: Boslaugh, Caporale, Fahrnbruch, Grant, Hastings, Shanahan, White

Filed Date: 7/10/1992

Precedential Status: Precedential

Modified Date: 11/12/2024