DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
032766P.pdf 07/16/2004 Building Erection v. JLG
U.S. Court of Appeals Case No: 03-2766
Western District of Missouri
Civil case - torts. Plaintiff's cause of action for damages suffered when
two cranes malfunctioned accrued when the accidents took place, as the
damages were sustained and capable of ascertainment under Missouri law
when the incidents occurred; the causes of action did not accrue when
plaintiff received its expert's metallurgical report regarding the likely
cause of the accident; cause of action accrued in Missouri, where the
malfunctions and damages occurred, and not in Kansas, where plaintiff
had its headquarters, as a commercial entity is injured where its property
is damaged; tort claims were subject to Missouri's five-year statute of
limitations and not Kansas's two-year statute, and the district court erred
in dismissing plaintiff's strict liability and negligence claims as time-
barred; breach-of-warranty claims were time-barred.
[PUBLISHED] [Bye, Author, with Lay and Smith, Circuit Judges]