Wikert v. Northern Sand and Gravel, Inc.

OPINION

FORSBERG, Judge.

This case was originally brought under theories of strict liability, negligence, and breach of warranty. At the time of trial, appellant settled with defendant Newhouse and released Newhouse by Pierringer release. Respondent moved for summary judgment and sought a motion in limine to preclude appellant from introducing evidence at trial of respondent’s post-accident conduct of advising persons concerning the nature of concrete. Appellant brought a motion to strike respondent’s motion for summary judgment on the basis of untimely service. The trial court granted…