Ag Valley Cooperative, Non-Stock v. Servinsky Engineering, PLLC, et al.

Summary

The Nebraska Supreme Court affirmed summary judgments dismissing claims arising from the collapse of a prefabricated grain bin. The court held that the contractor’s claim was governed by Nebraska’s construction statute of repose, while the product liability claims against manufacturers were governed by Nebraska’s product liability statute of repose. The court also upheld summary judgment for an engineering firm because the evidence did not establish its involvement in designing or manufacturing the grain bin or its component door.

Holdings

1. Summary judgment was proper for Servinsky because its evidence that it had no involvement in designing or manufacturing the subject grain bin or skid-loader door was not controverted by competent evidence; generalized evidence that Servinsky had provided engineering services to Johnson did not create a genuine issue of material fact.
2. Ag Valley's claim against Heartland was governed by the 10-year statute of repose in Neb. Rev. Stat. § 25-223 because Heartland was the general contractor responsible for constructing and installing the grain-bin system, not a manufacturer, seller, or lessor subject to § 25-224.
3. For purposes of Neb. Rev. Stat. § 25-224(2)(a), 'the product' means the completed product placed on the market and sold or leased to the consumer for use or consumption, including its original component parts. The statute contemplates one state of manufacture and one repose period for each completed product, so the location where an individual component was manufactured is immaterial.

Questions Presented

1. Whether summary judgment was proper for Servinsky when Ag Valley offered evidence that Servinsky had provided engineering services to Johnson generally but no evidence specifically tying Servinsky to the subject grain bin or skid-loader door.
2. Whether Ag Valley's claim against Heartland, the general contractor, was governed by the 10-year construction statute of repose in Neb. Rev. Stat. § 25-223 rather than the product liability statute of repose in § 25-224.
3. Whether, for purposes of Neb. Rev. Stat. § 25-224(2)(a), the relevant product was the entire Titan model CB50 grain-bin system, including its component parts, or only the skid-loader door manufactured in Michigan.

Disposition

affirmed