Bryant v. Continental Conveyor & Equipment Co.

CAMERON, Justice.

I. JURISDICTION

Judge Richard M. Bilby of the United States District Court for the District of Arizona has certified a question of law to this court pursuant to A.R.S. § 12-1861 and Ariz.R.S.Ct. 27, 17A A.R.S.

II. QUESTION

The question of law certified to this court is:

1. Whether the twelve year Statute of Repose Limitations portion of A.R.S. § 12-551 is unconstitutional under Article 18, § 6 and the due process/equal protection divisions of the Arizona Constitution when the machine involved in the injury was distributed for use more than 12 years prior to the injury?

The facts…