Campbell v. Altec Indus. Inc.

The statute of repose found in O.C.G.A. § 51-1-11 b 2 begins to run when a finished product is sold as new to the intended consumer who is to receive the product.

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This case comes before this Court on a certified question from the United States Court of Appeals for the Eleventh Circuit in litigation regarding the potential liability of a manufacturer of personal property. The Eleventh Circuit certified to this Court the question: In a strict liability or negligence action, does the statute of repose in OCGA § 51-1-11 begin running when 1 a component part causing an injury is assembled or tested, 2 a finished product, which includes an injuring component part, is assembled, or 3 a finished product, which includes an injuring component part, is delivered to its initial purchaser The answer is that the statute of repose found in OCGA § 51-1-11 b 21 begins to run when a finished product is sold as new to the intended consumer who is to receive the product, in this case, Georgia Power Company.

As presented by the Eleventh Circuit, and revealed in the record, the relevant facts of this case are that Ronald J. Campbell, Jr., a Georgia Power employee, was injured while operating an A77-T bucket truck on June 30, 2006, when the lower boom lift cylinder failed, causing both the upper and lower booms to drop, sending the bucket to the ground, and injuring Campbell. Altec Industries, Inc. manufactured and sold the bucket truck to Georgia Power; Texas Hydraulics, Inc. “THI” manufactured the component lower boom lift cylinder, which was developed jointly by Altec and THI for use on such trucks Georgia Power ordered. On February 4, 2008, Campbell and his wife, Kristie Campbell collectively “Campbell”, brought this action against Altec and THI, based in part on product liability under OCGA § 51-1-11 b 1. Altec and THI moved for summary judgment as to that claim, which the district court granted, finding that the statute of repose in OCGA § 51-1-11 b 2 began to run on January 14, 1998, when Altec placed the cylinder on a test chassis and operated it, and thus barred the Campbells’ suit filed more than ten years later.2 On appeal to the Eleventh Circuit, that Court certified the above question to this Court.

Campbell v. Altec Indus. Inc.

The statute of repose found in O.C.G.A. § 51-1-11 b 2 begins to run when a finished product is sold as new to the intended consumer who is to receive the product.

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