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Washburn v. Beatt Equipment Co.11/25/1992
facture" to divine the legislative intent regarding the applicability of the statute of repose to the defendant in this case. My sense is that the crux of this issue does not lie in
whether Beatt Equipment Company engaged in the activity of construction or manufacturing, but rather in whether the result of its activity yielded an "improvement upon real property" or a "product" and in whether the injury was caused by the product or the improvement. Cf. Condit v. Lewis Refrigeration Co., 101 Wash. 2d 106, 676 P.2d 466 (1984) (a conveyor belt and refrigeration unit within an improvement to real property are more properly the subject of product liability law).
Lacking legislative guidance, however, I uphold the verdict because I believe the jury found the defendant was a manufacturer under a definition which comports with the ordinary meaning of that term.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Washington Personal Injury Attorneys
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