‘Any Statutory Bar’ Does Not Extend Statute Of Repose, Judge Rules
Mealey's (October 28, 2016, 10:39 AM EDT) -- MOBILE, Ala. — A federal judge in Alabama on Oct. 27 dismissed Sears and Roebuck Co.’s lawsuit seeking indemnification from companies that installed an escalator in 1997 that caused a fatal accident, finding that the phrase “any statutory bar” in the construction contract between the parties did not extend Alabama’s seven-year statute of repose (Sears and Roebuck Co. v. Hardin Construction Group Inc., et al., No. 16-00272-KD-B, S.D. Ala.; 2016 U.S. Dist. LEXIS 148671).