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Ferrell v. River City Roofing8/18/2005
ions of subsection (2) of this section shall apply to all pending and subsequently filed actions.
. In Moore v. Jesco, Inc., 531 So. 2d 815, 817 (Miss. 1988), this Court held that an "improvement to real property" is not a "product," and therefore, "an action based on strict products liability will not lie." See also Wolfe v. Dal-Tile Corp., 876 F. Supp. 116, 118 (S.D. Miss. 1995) (citing Moore, 531 So. 2d at 817, and reiterating this Court holding that "strict products liability claims cannot lie against persons supplying 'improvements to real property' as opposed to products."). In Moore, the plaintiffs alleged that chicken houses constructed by the defendant were defective in their design, manufacture, materials, warnings and construction. 531 So. 2d at 816. The plaintiffs' suit was based on alternative theories of negligence, strict liability in tort, breach of contract and breach of warranties. Id. This Court affirmed the trial court's grant of summary judgment to the defendant: "Based on our analysis in Smith [514 So. 2d 1227], we hold that the component parts of the subject chicken houses constitute "improvements to real property" and not "products[.]" As a matter of law, then, an action based on strict products liability will not lie and summary judgment was properly granted." Moore, 531 So. 2d at 817.
. This issue is without merit.
CONCLUSION
. For these reasons, the learned trial judge did not err when he granted summary judgment in favor of River City and Montpelier; therefore, the judgment of the Circuit Court of the First Judicial District of Hinds County, Mississippi, is affirmed.
. AFFIRMED.
SMITH, C.J., WALLER AND COBB, P.JJ., CARLSON AND DICKINSON, JJ., CONCUR.
EASLEY AND GRAVES, JJ., DISSENT WITHOUT SEPARATE WRITTEN OPINION.
DIAZ, J., NOT PARTICIPATING.
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