Fabricant v. Intamin Amusement Rides Int. Corp., 2019 WL 3774217 Civ. No 19-12900 ( Aug. 12, 2019)

The Statute of Repose in New Jersey does not apply to manufacturer of a seat and harness devise of a ride.

The defendants sought to bar a second amended complaint. The plaintiff claimed injury while riding a roller coaster and filed a claim against an improperly named defendant. While the Statute of Repose bars all claims over 10 years for “any deficiency in” or “arising out of the defective and unsafe conditions,” the court found the issue in the case was whether the seat and harness constituted an improvement to real property. The court found that the Statute of Repose did not shield liability for a “standardized product” which happened to be installed in a construction product.

 

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