Ray Perkins was injured while attempting to mount a Bob Cat Skid-Steer Loader manufactured by Clark Equipment Company. Perkins filed a product liability lawsuit against Clark, but the district court granted Clark's motion for summary judgment on the grounds that the two-year statuary of limitations in Iowa applied and that the Perkinses' suit was time-barred. The Perkinses appealed, arguing that North Dakota's statute of limitations applied since that was where the incident occurred. The district court rejected that argument and the Perkinses requested certification of a state law question to the North Dakota Supreme Court, which was denied.
Perkins v. Clark Equipment Co. (1987)
United States Court of Appeals for the Eighth Circuit
823 F.2d 207
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