Nature of the Case
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Facts
A sign fell onto P's pickup truck while it was parked in a lot at a gas station/fast food restaurant. P was injured, and his wife was killed. The signed was owned by D. Installation of the sign was completed on or about May 15, 1999. The sign collapsed as a result of the shearing of a section of the steel pole which held the sign. The erected sign was 75 feet tall. P's structural engineering expert inspected the sign and determined the total height was at least 74 feet. This was 9 to 10 feet greater than the 65-foot height allowed by the permit issued by the city. On November 13, 2009, P filed suit against D for personal injury and wrongful death. D moved for summary judgment, in that D's actions were barred by the 10-year statute of repose. The motion was granted, and D appealed.
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