Gregory Monson v. Jeff Suck

OPINION

JOHNSON, Judge.

Gregory Monson fell off the top of a set of steps that are connected to a deck on the back of a house. The deck is approximately six or seven feet above the ground. The steps did not have a handrail. The house is owned by Jeff Suck and Dwane Smith, who built it themselves 13 years earlier. Monson sued Suck and Smith for injuries he sustained in the fall. The district court granted summary judgment to Suck and Smith on the basis of the ten-year statute of repose in section 541.051, subdivision 1(a), of the Minnesota Statutes, which applies to improvements to real…