Legal Opinion
Evans Withycombe, Inc. v. Western Innovations, Inc.
Court of Appeals of Arizona
Decided November 13, 2006No. 1 CA-CV 04-0196PublishedCited by 34 opinions
1Opinion of the Court
OPINION
SNOW, Judge.
¶ 1 A contractor, Evans Withycombe, Inc., appeals the dismissal of its third-party complaint against its subcontractors based on Arizona Revised Statutes (“A.R.S.”) section 12-552 (2003), a statute of repose. Because § 12-552 bars Evans Withycombe’s contract-based claims against its subcontractors, we affirm in part. Because it does not bar Evans Withycombe’s common-law indemnity claims against its subcontractors, we reverse in part and remand for further proceedings.
FACTUAL AND PROCEDURAL HISTORY
¶2 Ira and Wilma Weiss purchased a home in the Meridian at McCormick Ranch.…
2Cases cited19 opinions
- School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation E.J. Bartells Company, a Washington Corporation A.P. Green Refractories Company, School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation, and Fibreboard Corp., a Delaware Corporation as Successor in Interest to the Paraffine Companies, Inc., Pabco Products, Inc., Fibreboard Paper Products Corporation, Plant Rubber & Asbestos Works and Plant Rubber & Asbestos Co., School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation Armstrong Cork Company, Inc., a Delaware Corporation Atlas Asbestos Company, Inc., a Canadian Corporation, and Keene Corporation, a New York Corporation Individually and as Successor in Interest to the Baldwin Ehret Hill Company, School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation Armstrong Cork Company, Inc., a Delaware Corporation Atlas Asbestos Company, Inc., a Canadian Corporation, and Us Gypsum Company, a Delaware Corporation, School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation Armstrong Cork Company, Inc., a Delaware Corporation Atlas Asbestos Company, Inc., a Canadian Corporation, and Owens-Corning Fiberglass Corporation, School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation Armstrong Cork Company, Inc., a Delaware Corporation Atlas Asbestos Company, Inc., a Canadian Corporation, and Flintkote Company, a Delaware Corporation, School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation Atlas Asbestos Company, Inc., a Canadian Corporation, and Armstrong Cork Company, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1993
- Rossmoor Sanitation, Inc. v. Pylon, Inc.California Supreme Court · 1975
- State v. EstradaArizona Supreme Court · 2001
- Gonzalez v. SatrusteguiCourt of Appeals of Arizona · 1994
- Ina Insurance Co. of North America v. Valley Forge InsuranceCourt of Appeals of Arizona · 1986
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3Cited by34 opinions
- Nolan v. Starlight Pines Homeowners Ass'nCourt of Appeals of Arizona · 2007
- Best Choice Fund, LLC v. Low & Childers, P.C.Court of Appeals of Arizona · 2012
- Albano v. SHEA HOMES LTD. PARTNERSHIPArizona Supreme Court · 2011
- City of Phoenix v. Glenayre Electronics, Inc.Arizona Supreme Court · 2017
- STATE, EX REL. HORNE v. CamposCourt of Appeals of Arizona · 2011
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