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Nebraska Supreme Court· 2/1/1985

Witherspoon v. Sides Const. Co., Inc.

Citations

  • 362 N.W.2d 35
  • 219 Neb. 117
  • 1985 Neb. LEXIS 890

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding when homeowner sues general contractor for failure to construct home in workmanlike manner due to subcontractor’s installation of faulty pipe, limitations period begins to run upon substantial completion of home, not upon date pipe was installed or broke
  • holding in a construction case based on a contract but presented in tort that the act which provided the basis for the claim occurred when the construction of the building was completed, irrespective of any continuing professional relationship between the parties
  • describing product at issue as “pipe supplying water to . . . house”
  • Under Nebraska statute of repose, plumbing pipe was first sold for use when homeowner took possession of house of which pipe was a part, not when plumbing subcontractor purchased pipe from pipe manufacturer.
  • statute of repose applicable to an allegedly defective product begins to run when possession of the product is first relinquished for ultimate use or consumption, not when it is placed into the stream of commerce by the manufacturer
  • statute of repose applicable to an allegedly defective product begins to run when possession of the product is first relinquished for ultimate use or consumption, not when it is placed into the stream of commerce by the manufacturer

Source: CourtListener parenthetical corpus (CC0).

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

Read full opinion on CourtListener

Cited by

53 cases in this archive cite this case; the 20 most cited are listed.

Cites

35 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.