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SARTORI v. HARNISCHFEGER CORP.

No. C7-88-756.

432 N.W.2d 448 (1988)

Gary L. SARTORI and Susan Sartori, Respondents, v. HARNISCHFEGER CORPORATION, Appellant, v. OGLEBAY NORTON TACONITE COMPANY, Respondent. John NELSON and Candy Nelson, Respondents, v. HARNISCHFEGER CORPORATION, Appellant, v. OGLEBAY NORTON TACONITE COMPANY, Respondent.

Supreme Court of Minnesota.

December 2, 1988.

Attorney(s) appearing for the Case

Anthony Downs, Steven Schneider, Duluth, for appellant.

Thomas R. Thibodeau, Duluth, for Oglebay Taconite.

J. Cuever Richards, Virginia, for John Nelson.

Duane E. Arndt, Minneapolis, for Gary Sartori.

Peter Riley, Minneapolis, amicus curiae, for Minnesota Trial Lawyers Assoc.

Eric J. Magnuson, Minneapolis, for Minnesota Defense Lawyers.

Heard, considered and decided by the court en banc.

POPOVICH, Justice.

The United States District Court, pursuant to Minn.Stat. § 480.061 (1986), certified the following questions to this court:

1. Whether the equipment at issue in these cases constitutes an "improvement to real property" within the meaning of Minn. Stat. § 541.051 (1980); and

2. Whether application to these cases of the 15-year statute of limitations set forth in Minn.Stat. § 541.051 (1980) is an unconstitutional violation...

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