Texas Appeals Court Says Statute Of Repose Bars Suit Over Retaining Wall

Mealey's (October 11, 2017, 11:43 AM EDT) -- DALLAS — The builder of an allegedly defective retaining wall did not have the burden of showing that it did not engage in any willful misconduct that would prevent the application of the state’s 10-year statute of repose, a Texas appeals panel ruled Oct. 9 in affirming the builder’s summary judgment award (Charles Brooks v. CalAtlantic Homes of Texas, Inc., et al., No. 05-16-01203-CV, Texas App., 5th Dist., 2017 Texas App. LEXIS 9466)....