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Craftsman Builder's Supply Inc. v. Butler Manufacturing Co.3/5/1999
causes of action against any entity that took any part in the construction of any improvement to any real property." However, as the quote cited by Craftsman makes clear, our goal is determining the legislative intent, and the best evidence of legislative intent is the statute's plain language. In the present case, the legislative intent is clear from the statute's plain language. Section 78-12-25.5(1)(a) states, "As used in this section: (a) `action' means any claim for judicial, arbitral, or administrative relief for acts, errors, omissions, or breach of duty that causes injury to persons or property, whether based in tort, contract, warranty, strict liability, indemnity, contribution, or other source of law." (Emphasis added.) The legislature clearly intended the builders statute of repose to apply to products liability actions when they relate to improvements in real property. When the intent is clear from the plain language of the statute, we need not go beyond that language.
CONCLUSION
We affirm the summary judgment in favor of U.S. Construction and Butler Manufacturing. The builders statute of repose, Utah Code Ann. ยง 78-12-25.5 (1996), is constitutional under article I, section 11 of the Utah Constitution. The repose periods are not "subject to" a discovery rule, and there is no evidence of any warranty extending beyond six years that would except Craftsman's express warranty claim. Further, the builders statute of repose applies to bar Craftsman's products liability claim.
STEWART, Justice, Concurring:
I concur with Justice Russon's carefully and correctly reasoned majority opinion. I write not because I believe it necessary to add anything thereto, but rather to respond to Justice Zimmerman's lone concurrence in which he attacks long-standing Utah case law construing Article I, section 11 of the Utah Constitution, the so-called open courts provision. Justice Zimmerman aims much of his attack at Berry v. Beech Aircraft Corp., 717 P.2d 670 (Utah 1985); however, the attack on Berry serves as a guise to nullify this Court's Article I, section 11 jurisprudence and, more importantly, the Framers' very purpose and intent in adopting the remedy clause in the Utah Declaration of Rights. He would reverse Utah case law that has existed for over fifty years and nullify the most important clause--the remedies clause--in Article I, section 11. Justice Zimmerman's current opinion is in stark contrast to his prior consistent positions in numerous opinions sustaining and applying Berry and giving effect to Article I, section 11 and its plain meaning. Simply stated, his current position would deny citizens of this state the constitutional right secured by the Framers to a remedy by due course of law for an injury to their persons, property, or reputations.
I. INTRODUCTION
In all, thirty-eight states have open courts provisions in their constitutions. See David Schuman, The Right to a Remedy, 65 Temp. L. Rev. 1197, 1201 & n.25 (1992). A few of them guarantee only procedural access to the courts, but most, like Utah's, also impose some substantive limitation on the power of the legislature to abolish judicial remedies in a capricious fashion. Indeed, one state, New Mexico, has recognized an implicit substantive constitutional right to a remedy in its state constitution, even though its constitution has no specific provision, such as Article I, section 11, to that effect. See id. (citing Richardson v. Carnegie Library Restaurant, Inc., 763 P.2d 1153, 1161 (N.M. 1988)). After reviewing the law from other states, Professor Schuman has stated that most courts "interpret the remedy guarantee to proscribe some legislation affecting remedies witho
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