The Firm prevailed on a motion for summary judgment today in the Court of Common Pleas in Westmoreland County, Pennsylvania, securing a full dismissal of all claims against its client, a manufacturer of waterproofing products. Plaintiff had asserted causes of action against the Firm’s client sounding in strict products liability and negligence on the basis that the manufacturer’s waterproofing product had purportedly failed, causing water intrusion at a building. In fact, plaintiff’s own expert had opined that the product was not defective and did not cause the intrusion, but in any event, the Court, after hearing oral argument, dismissed all claims as to the Firm’s client on the basis that the applicable two and four year statutes of limitations had expired prior to plaintiff’s bringing suit in 2013. Specifically, the Court held that the claims accrued in 2008, when plaintiff admitted to observing water intrusion. The Court credited the Firm’s arguments for why, as a matter of law, plaintiff could not invoke the discovery rule or repair doctrine to toll the statutes of limitations.
