Patton v. Yarrington

472 N.W.2d 157, 1991 Minn. App. LEXIS 634, 1991 WL 103049
CourtCourt of Appeals of Minnesota
DecidedJune 18, 1991
DocketC5-90-2506, C7-90-2507
StatusPublished
Cited by9 cases

This text of 472 N.W.2d 157 (Patton v. Yarrington) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patton v. Yarrington, 472 N.W.2d 157, 1991 Minn. App. LEXIS 634, 1991 WL 103049 (Mich. Ct. App. 1991).

Opinion

*159 OPINION

PETERSON, Judge.

Albert Bradford appeals from summary judgment dismissing his claim as untimely under the statute of limitations applicable to actions arising from defects in improvements to real property. Bernice Ruff appeals from summary judgment dismissing her claim as untimely under the general statute of limitations for wrongful death actions. We affirm in part, reverse in part and remand.

FACTS

On October 25, 1986 a fire occurred in a duplex located at 1229-1231 Knox Avenue North, Minneapolis. Two smoke detectors installed in the duplex and manufactured by respondent Honeywell, Inc. allegedly failed to function during the fire. The smoke detectors were manufactured in 1979 and installed in 1980. They were attached to the wall or ceiling of the duplex and permanently wired into the duplex’s electrical system.

Appellant Albert Bradford was injured in the fire. He began a personal injury action against Honeywell on July 27, 1989. Honeywell moved for summary judgment, contending the case was barred by the two-year statute of limitations for injuries arising from defects in improvements to real property. Minn.Stat. § 541.051 (1988). The trial court granted Honeywell’s motion, and Bradford appeals.

Seven members of the Ruff family died in the fire. On June 13, 1988 appellant Bernice Ruff, as trustee for the next of kin of two of her children and five of her grandchildren, began a wrongful death action against Honeywell. Honeywell moved for summary judgment. The trial court found the case untimely pursuant to the general statute of limitations for wrongful death actions, and entered summary judgment for Honeywell. Ruff appeals. The Bradford and Ruff appeals were consolidated by order of this court.

ISSUES

I. Did the trial court err by deciding Bradford’s cause of action was barred by the two-year limitations period for actions arising out of improvements to real property?

II. Did the trial court err by finding Ruff’s cause of action was barred by the general statute of limitations for wrongful death actions?

ANALYSIS

Summary judgment is appropriate when “there is no genuine issue as to any material fact and * * * either party is entitled to a judgment as a matter of law.” Minn. R.Civ.P. 56.03.

On appeal from a summary judgment it is the function of this court only to determine (1) whether there are any genuine issues of material fact and (2) whether the trial court erred in its application of the law.

Betlach v. Wayzata Condominium, 281 N.W.2d 328, 330 (Minn.1979). The facts relevant to this appeal are undisputed, so the only issue before this court is whether the trial court correctly applied the law.

I.

Minn.Stat. § 541.051, subd. 1(a) (1988) provides in relevant part:

[N]o action * * * to recover damages for * * * bodily injury or wrongful death, arising out of the defective and unsafe condition of an improvement to real property * * * shall be brought * * * more than two years after discovery of the injury * * * nor, in any event shall such a cause of action accrue more than ten years after substantial completion of the construction.

Bradford makes four claims of error regarding the trial court’s conclusion that his cause of action was barred by section 541.-051.

First, Bradford contends the Honeywell smoke detectors are not an improvement to real property, and section 541.051, thus, does not apply to his cause of action. We disagree. In Pacific Indemnity Co. v. Thompson-Yaeger, Inc., 260 N.W.2d 548, *160 (Minn.1977), the supreme court adopted a “common-sense interpretation” of the phrase. An improvement to real property is

a permanent addition to or betterment of real property that enhances its capital value and that involves the expenditure of labor or money and is designed to make the property more useful or valuable as distinguished from ordinary repairs.

Thompson-Yaeger, 260 N.W.2d at 554 (quoting Kloster-Madsen, Inc. v. Tafi’s, Inc., 303 Minn. 59, 63, 226 N.W.2d 603, 607 (1975)).

The Honeywell smoke detectors fall within the Pacific Indemnity definition of an improvement to real property. They were a permanent addition to the property. Their installation required the expenditure of both labor and money. The addition of the smoke detectors placed the duplex in conformance with Minneapolis requirements for rental property, thereby making the property more useful and valuable by enabling its owner to use or sell it as rental property. See Minneapolis Ordinance § 244.915.

Second, Bradford claims section 541.051 is unconstitutionally vague. A statute is unconstitutionally vague if persons of “common intelligence must necessarily guess at its meaning.” St. Cloud Newspapers, Inc. v. District 742 Community Schools, 332 N.W.2d 1, 7 (Minn.1983) (quoting Broadrick v. Oklahoma, 413 U.S. 601, 607, 93 S.Ct. 2908, 2913, 37 L.Ed.2d 830 (1973)). The Pacific Indemnity definition of improvement to real property is specific, and the Honeywell smoke detectors satisfy each of its criteria. Bradford had notice that the smoke detectors were an improvement to real property. It was not necessary for him to guess.

Third, Bradford contends section 541.051 violates equal protection. The argument is not persuasive. The constitutionality of the statute of limitations for improvements to real property was established in Calder v. City of Crystal, 318 N.W.2d 838, 843 (Minn.1982).

Finally, Bradford argues that if section 541.051 applies to his claim, there is a fact issue as to whether his alleged chronic alcoholism tolled the running of the statute of limitations. He contends his alcoholism is so severe that it constitutes insanity. We disagree. Insanity in the context of tolling the statute of limitations “means substantial inability, by reason of mental defect or deficiency, to understand one’s legal rights, manage one’s affairs, and prosecute the claim.” Harrington v. County of Ramsey, 279 N.W.2d 791, 795 (Minn.1979).

Bradford submitted a report signed by a chemical dependency specialist and a vocational psychologist. The report states Bradford is a late stage alcoholic whose only goal in life is to drink. As a matter of law, these facts do not fall within the Harrington definition of insanity.

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Bluebook (online)
472 N.W.2d 157, 1991 Minn. App. LEXIS 634, 1991 WL 103049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patton-v-yarrington-minnctapp-1991.