Legal Opinion
Kirby v. Jean's Plumbing Heat & Air
Supreme Court of Oklahoma
Decided September 22, 2009No. 105,884PublishedCited by 31 opinions
1Opinion of the CourtOpala, J.
1 Two issues are presented on certiorari. The first of these is whether the replacement of a sewer pipeline constitutes an "improvement to real property" within the meaning of the statute of repose in 12 0.8.2001 $ 109. 1 We answer that question in the affirmative. The second issue is whether the invoked statute of limitations in 12 0.8.2001 § 95 2 may be enlarged by the discovery rule. 3 To that question our answer is in the negative.
I
THE ANATOMY OF LITIGATION
T2 In July 1996 Dale Kirby (Kirby or appellant) entered into a contract with Jean's Plumbing Heat & Air (Jean or appellee) for the…
2Cases cited32 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Rosenberg v. Town of North BergenSupreme Court of New Jersey · 1972
- Reynolds v. PorterSupreme Court of Oklahoma · 1988
- Miller v. MillerSupreme Court of Oklahoma · 1998
- Yakima Fruit & Cold Storage Co. v. Central Heating & Plumbing Co.Washington Supreme Court · 1972
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3Cited by31 opinions
- Sharon Gill, on her own behalf and on behalf of the Estate of Gale Gill v. Evansville Sheet Metal Works, Inc.Indiana Supreme Court · 2012
- MORGAN v. STATE FARM MUTUAL AUTOMOBILE INSUR. CO.Supreme Court of Oklahoma · 2021
- Bryson v. Oklahoma County ex rel. Oklahoma County Detention CenterCourt of Civil Appeals of Oklahoma · 2011
- STATE ex rel. ATTORNEY GENERAL OF OKLAHOMA v. JOHNSON & JOHNSONSupreme Court of Oklahoma · 2021
- Edelen v. Board of CommissionersCourt of Civil Appeals of Oklahoma · 2011
26 more not listed; retrieve them via the Exa API.