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SPILKER v. CITY OF LINCOLN

No. 89-189.

469 N.W.2d 546 (1991)

238 Neb. 188

Ruth SPILKER, Personal Representative of the Estate of Willard P. Spilker, Deceased, et al., Appellants, v. CITY OF LINCOLN, Nebraska, doing business as Lincoln Water System, et al., Appellees.

Supreme Court of Nebraska.

May 24, 1991.

Attorney(s) appearing for the Case

Gordon D. Ehrlich, of Cobb, Hallinan & Ehrlich, P.C., and, on brief, John V. Hendry and Anne E. Winner, of Bruckner, O'Gara, Keating, Sievers & Hendry, P.C., Lincoln, for appellants.

Donald R. Witt and Michael A. England, of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for appellee Westinghouse Elec. Corp.

HASTINGS, C.J., WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ., and COLWELL, District Judge, Retired.

COLWELL, District Judge, Retired.

In this products liability case, plaintiffs' amended petition was dismissed as to defendant Westinghouse Electric Corporation, upon its sustained demurrer that claimed the suit was barred by the statute of limitations. See Neb.Rev.Stat. § 25-224(2) (Reissue 1989). The main issue here is the constitutionality of § 25-224, which provides in part:

(1) All product liability actions, except one governed by subsection...

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