BUDLER v. GENERAL MOTORS CORP.

No. 03-2258.

400 F.3d 618 (2005)

John BUDLER; Linda Budler, as Co-Personal Representatives of the Estate of Andrew Budler, Deceased, Appellees, v. GENERAL MOTORS CORPORATION, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 11, 2005.


Attorney(s) appearing for the Case

Eileen Penner, argued, Washington, D.C. (Evan M. Tager and Craig W. Canetti of Washington, D.C., Frank Nizio and Andrea L. Laginess, Troy, MI, Jay L. Welch, Kevin J. Distal and Ralph A. Froehlich, Omaha, NE, on the brief), for appellant.

Norman M. Krivosha, argued, Omaha, NE (Catherine A. Damico, Omaha, NE, William H. Pickett and David T. Greis, Kansas City, MO, on the brief), for appellee.

Before WOLLMAN, LAY, and HANSEN, Circuit Judges.


HANSEN, Circuit Judge.

General Motors Corporation ("GMC") brings this interlocutory appeal from the district court's denial of its motion to dismiss this diversity-based product liability action. GMC sought dismissal, arguing that the action is barred by Nebraska's ten-year statute of repose for product liability actions. The district court denied the motion to dismiss, concluding that the statute of repose was tolled by Andrew Budler's status as a minor when the...

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