Coleman v. United Engineers & Constructors, Inc.

OPINION

BACA, Justice.

Plaintiff-Appellant, Imogene Coleman appeals from a trial court order granting summary judgment in favor of Defendant-Appellee, United Engineers and Constructors, Inc. (“United”). In deciding whether the trial court erred in granting summary judgment for United we address the following issues: (1) Whether intermediate scrutiny should be applied to evaluate the constitutionality of NMSA 1978, Section 37-1-27 (Repl.Pamp.1990), a statute of repose which places a limitation on actions for injuries resulting from “the defective or unsafe condition of a physical improvement to…