Legal Opinion

Spilker v. City of Lincoln

Nebraska Supreme Court

Decided May 24, 1991No. 89-189PublishedCited by 20 opinions

1Opinion of the Court

Colwell, D.J., Retired.

In this products liability case, plaintiffs’ amended petition was dismissed as to defendant Westinghouse Electric Corporation, upon its sustained demurrer that claimed the suit was barred by the statute of limitations. See Neb. Rev. Stat. § 25-224(2) (Reissue 1989). The main issue here is the constitutionality of § 25-224, which provides in part:(1) All product liability actions, except one governed by subsection (5) of this section, shall be commenced within four years next after the date on which the death, injury, or damage complained of occurs.(2) Notwithstanding…

2Cases cited14 opinions

  1. Spath v. MorrowNebraska Supreme Court · 1962
  2. Witherspoon v. Sides Const. Co., Inc.Nebraska Supreme Court · 1985
  3. Colton v. DeweyNebraska Supreme Court · 1982
  4. Distinctive Printing & Packaging Co. v. CoxNebraska Supreme Court · 1989
  5. Campbell v. City of LincolnNebraska Supreme Court · 1976

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3Cited by20 opinions

  1. Groch v. General Motors Corp.Ohio Supreme Court · 2008
  2. Jill Nesladek, as Trustee for Heirs and Next of Kin of Jeremy J. Nesladek, Decedent v. Ford Motor CompanyCourt of Appeals for the Eighth Circuit · 1995
  3. Choroszy v. TsoSupreme Judicial Court of Maine · 1994
  4. Gillam v. Firestone Tire & Rubber Co.Nebraska Supreme Court · 1992
  5. NORWEST BANK NEBRASKA, N.A., Appellant, v. W.R. GRACE & CO.—CONN., AppelleeCourt of Appeals for the Eighth Circuit · 1992

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