Utah Local Government Trust v. Wheeler MacHinery Co.

On Certiorari to the Utah Court of Appeals

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 the appropriate test.

FACTUAL BACKGROUND

T2 Wheeler Machinery Company contract, ed with the City of…