Legal Opinion

Raithaus v. Saab-Scandia of America, Inc.

Utah Supreme Court

Decided December 18, 1989No. 860208PublishedCited by 18 opinions

1Opinion of the Court

DURHAM, Justice:

This appeal concerns a products liability action filed by Larry Raithaus (Raithaus) against Saab-Scandia of America, Inc., and Saab-Scandia AB (Saab). The issue is whether the six-year time period in the Utah Products Liability Act (the Act) may be applied to Raithaus’ cause of action in place of the two-year statute of limitations in section 78-12-28(2) of the Utah Code. 1 We hold that the six-year period was a statute of repose and therefore did not extend the time in which Raithaus could file.

Raithaus purchased an allegedly defective 1976 automobile manufactured and…

2Cases cited3 opinions

  1. Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
  2. Berry by and Through Berry v. Beech AircraftUtah Supreme Court · 1985
  3. Myers v. McDonaldUtah Supreme Court · 1981

3Cited by18 opinions

  1. Lee v. GaufinUtah Supreme Court · 1993
  2. McDonald v. Sun Oil Co.Court of Appeals for the Ninth Circuit · 2008
  3. Baxter v. Sturm, Ruger & Co.Supreme Court of Connecticut · 1994
  4. Selvage v. J.J. Johnson & AssociatesCourt of Appeals of Utah · 1996
  5. Aragon v. Clover Club Foods Co.Court of Appeals of Utah · 1993

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