Gilger v. Lee Construction, Inc.

The opinion of the court was delivered by

Herd, J.:

This is a tort action for injuries sustained by the McGraw family as a result of long-term exposure to carbon monoxide. They contend the heating system in their house was negligently designed and installed by Lee Construction, Inc., (Lee) and Unger Heating and Air Conditioning (Unger). Appellants further allege Peoples Natural Gas Company (Peoples) negligently failed to find or correct the problem.

The district court found the action was barred by the statute of limitations and granted summary judgment in favor of Unger, Lee, and Peoples.…