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Rakowski v. Cold Spring Granite Co.7/26/2005
In this appeal from summary judgment, appellant argues that the district court erred by applying the statute of repose found in Minn. Stat. § 541.051, subd. 1(a) (2004), and granting respondent's motion for summary judgment. Because we conclude that the district court erroneously applied the statute of repose, we reverse the summary judgment and remand for further proceedings.
FACTS
According to the record, as a result of liturgical changes adopted by the Second Vatican Council, St. John's Catholic Church in Appleton underwent renovations to update the church. Two granite altars fabricated by respondent Cold Spring Granite Company were installed: a large primary altar and a smaller secondary altar. The primary altar is completely freestanding, but the secondary altar's top-heavy design required an L-bracket and a cinch anchor to attach it to the wall. The installation was completed in December 1964.
In October 2003, the cinch anchor failed and the secondary altar toppled, crushing the leg of appellant Elly Rakowski, a church-maintenance employee. Rakowski filed a lawsuit against Cold Spring in March 2004, alleging counts of strict liability, negligence, and breach of warranty. Cold Spring moved for summary judgment, arguing that because the installation of the altar was an improvement to real property, Minnesota's statute of repose barred Rakowski's lawsuit. The district court agreed and granted Cold Spring's motion for summary judgment. Rakowski's appeal follows.
DECISION
On an appeal from summary judgment, this court asks two questions: (1) whether there are any genuine issues of material fact and (2) whether the district court erred in its application of the law. Olmanson v. LeSueur County, 693 N.W.2d 876, 879 (Minn. 2005). "On appeal, the evidence must be viewed in the light most favorable to the party against whom judgment was granted." Brandt v. Hallwood Mgmt. Co., 560 N.W.2d 396, 399 (Minn. App. 1997), review denied (Minn. June 11, 1997). The construction and applicability of a statute is a question of law, which this court reviews de novo. Olmanson, 693 N.W.2d at 879.
Minnesota's statute of repose provides:
Except where fraud is involved, no action by any person in contract, tort, or otherwise to recover damages for any injury to property, real or personal, or for bodily injury or wrongful death, arising out of the defective and unsafe condition of an improvement to real property, nor any action for contribution or indemnity for damages sustained on account of the injury, shall be brought against any person performing or furnishing the design, planning, supervision, materials, or observation of construction or construction of the improvement to real property or against the owner of the real property more than two years after discovery of the injury or, in the case of an action for contribution or indemnity, accrual of the cause of action, nor, in any event shall such a cause of action accrue more than ten years after substantial completion of the construction.
Minn. Stat. § 541.051, subd. 1(a) (2004). The statute protects certain parties from liability for damages arising out of unsafe or defective improvements to real property in cases when the accrual of the cause of action occurs more than 10 years after substantial completion of the improvement. Id.
Rakowski challenges the district court's conclusion that the secondary altar was an improvement to real property and that the statute of repose, therefore, bars her suit against Cold Spring. Both parties agree that the renovation, including the installation of the altar, was completed in December 1964. Cold Spring acknowledges th
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