Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In a case of first impression, the Nebraska Supreme Court has rejected arguments that the state’s product liability statute of repose should be tolled for minors. Budler v. General Motors Corp., 689 N.W.2d 847 (Neb. 2004). The ruling was en banc and unanimous. The court’s decision was the result of thoughtful analysis and application of well-established principles of statutory interpretation. The impact of the ruling is significant, however, given the state’s long-standing public policy of preserving a minor’s cause of action until he/she reaches the age of majority.

The issue reached the court when the Eighth Circuit certified the question to the Nebraska Supreme Court in a vehicle product liability case pending in the U.S. District Court for the District of Nebraska. Budler v. General Motors Corp., 400 F.3d 618, 619 (8th Cir. 2005). The minor, Andrew Budler, was injured on April 3, 1998, when the 1991 Pontiac Grand Prix in which he was a passenger rolled over. Budler sustained serious injuries and was paralyzed from the neck down. He was 19 years old at the time of the accident, and under Nebraska law was still considered a minor for purposes of bringing legal claims. On Oct. 3, 2000, Budler turned 21. On April 2, 2002 (just before the 4-year statute of limitations would have run), Budler’s parents, after being appointed as his conservators, filed suit against General Motors Corporation – the vehicle manufacturer. The Budlers asserted product liability claims for negligence and strict liability. On Oct. 10, 2002, Budler died as a result of the injuries he had sustained in the accident. The complaint was then amended to reflect his parents’ status as personal representatives of his estate.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.