In Schueler v. Ad Art, No. 75688-COA, 2020 Nev. App. LEXIS 6, the Court of Appeals of Nevada recently considered whether a custom-made sign constituted a “product” for purposes of the doctrine of strict products liability. The court held that the sign –– a large MGM Grand (MGM) sign located atop a 150-foot tall steel pylon –– was a product for the purposes of strict products liability. Thus, the court held that Ad Art, Inc. (Ad Art), who designed, engineered, and managed the production and installation of the sign, could be held strictly liable for injuries to Charles Schueler (Schueler), a service worker who fell and sustained serious injuries. Continue reading
In D’Allesandro v. Lennar Hingham Holdings, LLC, C.A. No. 17-cv-12567-IT, 2019 U.S. Dist. LEXIS 185874, the United States District Court for the District of Massachusetts recently discussed a case against a general contractor and its related entities, all of whom were involved in the construction of a multi-phase construction project. The court held that, in this context, completion of the “improvement” – which was the whole project, rather than each individual phase – triggered the six-year statute of repose. The court also held that the plaintiffs’ misrepresentation, breach of fiduciary duty and unfair business practices claims were not claims based on the design and construction of the improvement and, thus, were not subject to the statute of repose.