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Home / Opinion Digests / Statute of repose no barrier to wrongful death case (access required)

Statute of repose no barrier to wrongful death case (access required)

Where a truck driver was killed at a stone quarry when a machine malfunctioned, the circuit court incorrectly characterized the machine as “ordinary building material” and applied the five-year statute of repose, Code § 8.01-250, to dismiss the case as untimely. The machine was unrelated to the structural integrity of the building itself and thus, should ...