West American Insurance v. Sal E. Lobianco & Son Co.

Plaintiffs, West American Insurance Company and Aetna Life and Casualty Company, as subrogees of their insureds, William P. and Mary W. Snellbaker, whose home had been burned, brought an action against Sal E. Lobianco & Son Company, Inc., a corporation and general contractor, and James Patterman, a masonry contractor. They alleged the fire resulted from negligence in the construction of the Snellbaker home.

Pattern!an’s motion to dismiss, predicated on the bar of the statute of limitations requiring suit for injury to property to “be commenced within 5 years next after the cause of action…