Frazier v. Baker Material Handling Corp.

NESBITT, Judge.

The issue in these consolidated cases is whether the trial courts erred in granting appellees’ motions for summary judgment, based upon the twelve-year statute of repose, section 95.031(2), Florida Statutes (1983). We affirm the trial courts’ decisions.

The Florida supreme court, in Battilla v. Allis Chalmers Mfg. Co., 392 So.2d 874 (Fla.1980), invalidated the twelve-year products liability statute of repose, as applied, as an unconstitutional deprivation of a plaintiff’s access to the courts under Article I, section 21, Florida Constitution. Subsequently, in Pullum v.…