from the Iowa District Court for Poweshiek County, Lucy J.
Wall Equipment, Inc. appeals the district court's ruling
granting summary judgment in favor of BC Steel Buildings,
Anthony J. Kane of Pfefferle Kane L.L.P., Minneapolis,
Minnesota, and Gary J. Shea of Gary J. Shea Law Offices,
Cedar Rapids, for appellant.
I. Mitchell and Aaron W. Lindebak of Grefe & Sidney,
P.L.C., Des Moines, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield and
VAITHESWARAN, PRESIDING JUDGE.
decide whether a negligence action against a manufacturer is
barred by a fifteen-year statute of repose.
Background Facts and Proceedings
Steel Buildings, Inc. manufactured pre-engineered metal
buildings. BC delivered an unassembled building to a company
in September 2000. That company, in turn, assembled the
building on a site in Grinnell, Iowa, completing its work by
March 2001. Van Wall Equipment, Inc. purchased the Grinnell
property. The metal building on the property collapsed in
January 2016, Van Wall sued BC for negligence in the design
and manufacture of the building. BC moved for summary
judgment on the ground that the action was barred by the
fifteen-year statute of repose set forth in Iowa Code section
614.1(11) (2016). The district court granted the motion. This
Wall argues the statute of repose began to run only when the
building "attached to the realty" in March 2001,
and its lawsuit was filed within fifteen years of this
"attachment" date. Our review of the district
court's ruling is for errors of law. See McKee v.
Isle of Capri Casinos, Inc., 864 N.W.2d 518, 525 (Iowa
2015) (setting forth standard of review).
Code section 614.1 (11) provided:
[A]n action arising out of the unsafe or defective condition
of an improvement to real property based on tort and implied
warranty and for contribution and indemnity, and founded on
injury to property . . . shall not be brought more than
fifteen years after the date on which occurred the act or
omission of the ...