Jim Niquet, Travis Rhoades and Noelle Muceno prevailed before the Wisconsin Court of Appeals in a decision affirming the trial court’s decision dismissing product liability claims against a supplier of products for the construction of a nuclear power plant.
After briefing three different motions for summary judgment, a motion for reconsideration of the trial court’s denial of the initial summary judgment motions, extensive oral argument of the issues, and then briefing at the appellate court level, the team prevailed, ultimately obtaining a ruling upholding the trial court decision dismissing the case based on the Construction Statute of Repose, Wis. Stats. Sec. 893.89. The case was one of first impression in Wisconsin and will likely form the basis for future dismissal of product liability actions.