RQN attorneys Rick L. Rose, Blake Biddulph and Jessica Ramirez recently obtained a complete dismissal of a plaintiff’s product liability lawsuit using Utah’s “borrowing statute” (Utah Code § 78B-2-103) for the relevant statute of limitations. Although the plaintiff timely filed the original complaint, that complaint was dismissed without prejudice under Utah Rule of Procedure 4(b). The plaintiff then refiled within one year pursuant to Utah’s savings statute before Judge John Walton in Utah’s Fifth Judicial District Court.
RQN moved to dismiss the plaintiff’s newly-filed complaint under Utah’s borrowing statute, which bars a claim that arises in another jurisdiction if that claim would not be actionable in the other jurisdiction. In this case, the plaintiff’s claims arose in California. Like Utah, California has a 2-year statute of limitations (making the originally-filed complaint timely). However, unlike Utah’s savings statute, California’s savings statute did not allow Plaintiff to refile the complaint. Judge Walton held that Utah’s borrowing statute requires application of both the California statute of limitations and savings statute. Thus, while the newly-filed complaint was timely under Utah’s savings statute, it was not timely under California’s savings statute. Judge Walton ruled from the bench, granted the motion, and dismissed all claims with prejudice.
Ray Quinney & Nebeker’s Product Liability attorneys defend manufacturers, distributors, and dealers in wrongful death, catastrophic personal injury and other product liability claims in state and federal courts throughout Utah and the Intermountain West.