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JAMES REICH AND MISSISSIPPI FARM BUREAU INSURANCE COMPANY v. JESCO

JUNE 03, 1988

JAMES REICH AND MISSISSIPPI FARM BUREAU INSURANCE COMPANY
v.
JESCO, INC. AND AMCA INTERNATIONAL CORPORATION



BEFORE HAWKINS, P.J.; ROBERTSON AND ZUCCARO, JJ.

ROBERTSON, JUSTICE, FOR THE COURT:

I.

This is a case about a chicken house that collapsed under heavy ice and snow. The owner brought suit against the designer and contractor, only to have the court below hold his claim barred by the statute of limitations. We affirm.

 II.

 In 1973, Jesco, Inc., a construction company, built for James Reich a steel building to be used by Reich as a chicken house on his land in Itawamba County, Mississippi. Some twelve years later, between January 31 and February 2, 1985, a winter storm caused ice and snow to accumulate on the chicken house roof, which collapsed causing Reich considerable damage.

 On May 10, 1985, Reich filed the present action in the Circuit Court of Itawamba County, Mississippi, against Jesco, Inc., and AMCA International, alleging that the steel building was defective in its design, manufacture, adequacy of materials, and adequacy of warnings in construction.

 Reich sued under theories of negligence, strict liability in tort and breach of express and implied warranties and sought substantial sums as damages.

 On September 11, 1985, Mississippi Farm Bureau Insurance Company (MFBIC) moved to intervene, having become "obligated to pay unto plaintiff the sum of $19,672.00" for damages caused by the collapse of the insured chicken house. This motion was granted. See Rule 24, Miss.R.Civ.P.

 On September 10, 1985, Jesco filed a motion for summary judgment. See Rule 56, Miss.R.Civ.P. Jesco argued that the applicable ten year statute of limitations, Section 15-1-41, had run and that the action was barred. AMCA filed a similar motion on September 23, 1985.

 On August 26, 1986, the Circuit Court granted summary judgment to Jesco and AMCA and dismissed the complaint. Reich and MFBIC now appeal.

 III.

 A.

 Statutes of limitations are like other affirmative defenses. They proceed on the premise that the plaintiff can prove everything he has alleged. They represent a legislative judgment that, notwithstanding the presence of an otherwise viable and enforceable claim, the case ...


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