Rosenberg v. Falling Water, Inc.

The unworkable rule the majority creates, distinguishing between cases in which injury occurs and the claim accrues during the repose period of the improvement to real property statute of repose, OCGA § 9-3-51, and those in which the injury occurs thereafter yields irrational results. Neither logic nor the general nature or function of statutes of repose compel, much less support, the conclusion that equitable estoppel is unavailable because Rosenberg’s deck collapsed and he suffered bodily injury outside of the repose period, and the effect of the majority’s opinion is to countenance fraud.…