ULGT v. WHEELER MACHINERY CO.

No. 20070084.

199 P.3d 949 (2008)

2008 UT 84

UTAH LOCAL GOVERNMENT TRUST, Plaintiff and Respondent, v. WHEELER MACHINERY CO. and Does 1 through 50, inclusive, Defendants and Petitioner.

Supreme Court of Utah.

December 12, 2008.


Attorney(s) appearing for the Case

Scott M. Lilja, Nicole M. Deforge, Salt Lake City, Huey P. Cotton, Los Angeles, CA, for respondent.

Joseph C. Rust, Salt Lake City, for petitioner.


NEHRING, Justice:

INTRODUCTION

¶ 1 We are asked to determine whether the court of appeals erred in holding that the Utah Product Liability Act's two-year statute of limitations did not apply to the Utah Local Government Trust's claim against Wheeler Machinery Company. We hold that the court of appeals did not apply the correct test for determining whether ULGT's claim was a product liability claim. We therefore reverse and remand for application of...

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