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Product Liability Question Involving Statute of Repose Certified to Georgia Supreme Court

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By FindLaw Staff on May 03, 2010 1:01 PM

Campbell v. Ga. Power Co., No. 09-13472, concerned a product liability action in which the district court granted summary judgment to defendant based on Georgia's statute of repose.  The Eleventh Circuit certified the following question to the Georgia Supreme Court:  "In a strict liability or negligence action, does the statute of repose in O.C.G.A. section 51-1-11 begin running when 1) a component part causing an injury is assembled or tested; 2) a finished product, which includes an injuring component part, is assembled; or 3) a finished product, which includes an injuring component part, is delivered to its initial purchaser?

As the court wrote:  "Ronald J. Campbell, Jr., a Georgia Power Company employee, was injured while operating an A77-T bucket truck when the lower boom lift cylinder failed on June 30, 2006. Altec Industries, Inc. ("Altec") manufactured and sold the bucket truck to Georgia Power Company; Texas Hydraulics, Inc. ("THI") manufactured the defective lift cylinder, which was developed jointly by Altec and THI for use in the bucket truck. On February 4, 2008, Ronald J. Campbell, Jr. and his wife, Kristie Campbell (collectively, "Campbell") brought this action against Altec and THI on theories of defective design, manufacturing, and assembly of the bucket truck under principles of strict liability and negligence."

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