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LICHTEFELD v. CUTSHAW

No. 880124.

784 P.2d 143 (1989)

Paul LICHTEFELD, Plaintiff and Appellant, v. Jerry CUTSHAW, individually, and dba Interiors Contracting, Max J. Smith, an individual, and Max J. Smith and Associates, Inc., a Utah corporation, Defendants and Appellees.

Supreme Court of Utah.

November 21, 1989.

Attorney(s) appearing for the Case

Stephen G. Morgan and Todd S. Richardson, Salt Lake City, for plaintiff and appellant.

Thomas R. Grisley, Salt Lake City, for Jerry Cutshaw.

James A. Murphy, Salt Lake City, for Max J. Smith.

PER CURIAM:

On motion of defendants, the trial court dismissed plaintiff's complaint on the ground that Utah Code Ann. § 78-12-25.5 (Supp. 1989) bars plaintiff's action. Plaintiff appeals, arguing that the statute, Utah's architects and builders statute of repose, is unconstitutional as depriving plaintiff of constitutional rights. Recently this Court ruled that the statute violates article I, section 11 of the Utah Constitution, the open courts clause. See...

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