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HORNING v. PENROSE PLUMBING & HEATING INC.

No. S-14-0067.

336 P.3d 151 (2014)

2014 WY 133

Richard A. HORNING and Mary D. Horning, Appellants (Plaintiffs), v. PENROSE PLUMBING & HEATING INC., Appellee (Defendant).

Supreme Court of Wyoming.

October 28, 2014.

Attorney(s) appearing for the Case

Representing Appellants: Ryan W. McGrath and J. David Horning of Cox, Horning & McGrath, LLC, Gillette, Wyoming. Argument by Mr. McGrath.

Representing Appellee: Monty L. Barnett and Grant R. Curry of White and Steele, P.C., Denver, Colorado. Argument by Mr. Curry.

Before BURKE, C.J., and HILL, KITE, DAVIS, and FOX, JJ.

KITE, Justice.

[¶ 1] Richard A. and Mary D. Horning (Hornings) sustained damages from carbon monoxide poisoning after an exhaust pipe in the furnace in their home ruptured. They filed a complaint against Penrose Plumbing & Heating, Inc. (Penrose) and others to recover damages for their injuries. The district court granted summary judgment for Penrose after concluding the Hornings did not file their complaint within the applicable ten year statute of repose...

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