Legal Opinion

John Budler Linda Budler, as Co-Personal Representatives of the Estate of Andrew Budler, Deceased v. General Motors Corporation

Court of Appeals for the Eighth Circuit

Decided March 11, 2005No. Ño. 03-2258PublishedCited by 1 opinion

1Opinion of the Court

HANSEN, Circuit Judge.

General Motors Corporation (“GMC”) brings this interlocutory appeal from the district court’s denial of its motion to dismiss this diversity-based product liability action. GMC sought dismissal, arguing that the action is barred by Nebraska’s ten-year statute of repose for product liability actions. The district court denied the motion to dismiss, concluding that the statute of repose was tolled by Andrew Budler’s status as a minor when the accident occurred. Finding no controlling precedent in Nebraska decisions on whether the statute of repose in product liability…

2Cases cited5 opinions

  1. Salve Regina College v. RussellSupreme Court of the United States · 1991
  2. MacKu by and Through MacKu v. Drackett Prod. Co.Nebraska Supreme Court · 1984
  3. Evergreen Investments, Llc, a Montana Limited Liability Company v. Fcl Graphics, Incorporated, an Illinois CorporationCourt of Appeals for the Eighth Circuit · 2003
  4. Sacchi v. BlodigNebraska Supreme Court · 1983
  5. Budler v. General Motors Corp.Nebraska Supreme Court · 2004

3Cited by1 opinion

  1. William Reynolds, individually; as Spouse of Sylwia Pawlak Reynolds; and as parent of their minor children, A.M.R., W.R., and A.R. v. Nancy Sanders Harper, MD; Hennepin County; The Board of Regents of the University of Minnesota; Hennepin Healthcare System, Inc., d/b/a Hennepin County Medical Center; The University of Minnesota Physicians, d/b/a U of M Physicians; Britta Nicholson; Sarah Elizabeth Lucken, MD; Seth Cheng Silbert, MD; and Mohamed Tahsin A. Jouhari, MDDistrict Court, D. Minnesota · 2026

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