Statutes of Limitations and Repose - The Decline and Rise of Statutes of Repose - Witherspoon v. Sides Construction Co.
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Westrick, John G.
INTRODUCTION|In the recent case of Witherspoon v. Sides Construction Company, the Nebraska Supreme Court used the phrase "statutes of repose" in such a manner as to distinguish it from the more general phrase "statutes of limitations." Many state and federal courts are ruling upon statutes of repose. Since these courts are not in agreement, there is widespread discussion and confusion concerning the accrual dates, retroactivity, and constitutionality of these statutes. Witherspoon provides an unusually well-equipped springboard from which to leap into a discussion of statutes of repose, as the opinion addresses the three types of actions which statutes of repose most often cover: professional negligence, negligence in improvement to real property, and products liability...
19 Creighton L. Rev. 509 (1985-1986)
Creighton University School of Law