Hyster Co. v. Morales

LEVY, Judge.

Hyster Company [“Hyster”] appeals the trial court’s order of relief vacating the Final Summary Judgment that had been entered in favor of Hyster and against the plaintiff, Marcos Morales, in Morales’s personal injury action.

Marcos Morales brought suit in May of 1989 for an injury to his hand he alleged was caused by one of Hyster’s industrial trucks. The injury occurred on December 1, 1986.

On January 17, 1990, a hearing was held on Hyster’s motion for summary judgment. At the hearing, Hyster argued that Morales’s cause of action was extinguished by the 12-year statute of repose,…