Olsen v. J.A. Freeman Co.

BOYLE, Justice.

David Olsen (hereafter “Olsen”) appeals from the district court’s order granting summary judgment in favor of the defendants. Summary judgment was granted on the basis that Olsen’s cause of action was foreclosed by the Idaho products liability statute of repose, I.C. § [6-1403], 6-1303,1 which creates a rebuttable presumption that a product’s “useful safe life” has expired in those claims that involve harm or injury occurring more than ten years after time of delivery. Under the statute, failure to rebut the presumption with clear and convincing evidence bars a claim.

Olsen was…