Smith v. Westinghouse Electric Corp.

OPALA, Justice.

The plaintiffs 1 bring this appeal from summary judgment for two of the defendants in the action — Westinghouse Electric Corporation [Westinghouse] and Monsanto Company [Monsanto] — grounded on the bar of limitation prescribed in 12 O.S. 1981 § 109. 2 The cited statute provides that an action may not be commenced against any person performing or furnishing the “design, planning, supervision or observation of construction or construction of an improvement to real property” more than 10 years after the improvement has been substantially completed.

The dispositive issue for our…