WEST v. EL PASO PRODUCTS CO.

No. 18610.

832 P.2d 306 (1992)

122 Idaho 133

Jerry and Brenda WEST, husband and wife, Victor and Ruth Lishenko, husband and wife, Plaintiffs-Appellants, and LIBERTY MUTUAL FIRE INSURANCE CO., Involuntary Plaintiff-Appellant, v. EL PASO PRODUCTS COMPANY, a Texas corporation, Defendant-Respondent.

Supreme Court of Idaho, Pocatello, September 1991 Term.

May 15, 1992.


Attorney(s) appearing for the Case

Eberle, Berlin, Kading, Turnbow & McKlveen, Chtd., and Warren E. Jones, Boise, for involuntary plaintiff-appellant Liberty Mut. Fire Ins. Co. Warren E. Jones appeared but did not participate in oral argument.

Racine, Olson, Nye, Cooper & Budge, Chtd., Pocatello, for plaintiffs-appellants West and Lishenko. Brent O. Roche argued.

Merrill & Merrill, Chtd., Pocatello, for defendant-respondent El Paso Products, Co. Stephen S. Dunn argued.


BISTLINE, Justice.

This tort liability action was dismissed on the grant of the respondent's summary judgment motion. The district court held that the appellants' cause of action was barred by the I.C. § 5-241 statute of repose. We agree and affirm.

Respondent El Paso Products had a fertilizer plant constructed for its use in 1965. A few months after the plant opened, El Paso modified the operating mechanism for its ammonia granulator by installing a...

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