ROYAL INDEM. CO. v. TYCO FIRE PRODUCTS, LP

Record Nos. 091993, 092567.

704 S.E.2d 91 (2011)

ROYAL INDEMNITY COMPANY, as Subrogee of First Centrum, LLC and Centrum Prince William, LP, et al. v. TYCO FIRE PRODUCTS, LP. Royal Indemnity Company, as Subrogee of First Centrum, LLC and Centrum Prince William, LP, et al. v. SimplexGrinnell, LP.

Supreme Court of Virginia.

January 13, 2011.


Attorney(s) appearing for the Case

Michael J. Izzo, Jr. ; Paul R. Bartolacci , Philadelphia, PA ( Lawrence F. Walker ; C. Jay Robbins, IV ; Robert Tayloe Ross ; Kevin T. Streit , Richmond; Cozen O'Connor Midkiff , Myncie & Ross, on briefs), for appellants.

Charles C. Eblen , Kansas City, MO; J. Michael Robert ( Paul A. Williams ; Dawn E. Boyce ; Shook, Hardy & Bacon; Trichilo, Bancroft, Horvath & Judkins, Fairfax, on briefs), for appellees.

Virginia Association of Defense Attorneys ( Mark D. Loftis ; Frank K. Friedman ; Woods Rogers , on brief), in support of appellees SimplexGrinnell, L.P., for amicus curiae.

Present: KOONTZ, KINSER, LEMONS, GOODWYN, MILLETTE, and MIMS, JJ., and RUSSELL, S.J.


OPINION BY Justice LEROY F. MILLETTE, JR.

In this product liability case, we address issues concerning the statute of repose and breach of warranty. We conclude that exterior sidewall sprinkler heads are "equipment" under Code § 8.01-250 and reverse the judgment of the circuit court that the sprinkler heads are ordinary building materials. We also hold that a manufacturer's description of how a sprinkler head functions does not constitute an express warranty...

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