In an unusually timed release of opinions, the Georgia Supreme Court
recently ruled on 21 pending cases including S10G0877: Rosenberg v.
Falling Water Inc.
The case resulted from a collapsed deck that had been built on a home
owned by Richard Rosenberg in Cobb County, Georgia. In 1994, Rosenberg
had hired local contractor Falling Water Inc, to build the deck. Eleven
years later in August of 2005, Rosenberg walked out onto the deck to
inspect recent upgrades when it suddenly collapsed, causing serious
injuries during the fall.
After an unsuccessful ruling at the appellate court level, Rosenberg
took the case to the Supreme Court where he argued that the Court of
Appeals had erred in interpreting the principles of fraudulent
concealment. Rosenberg advanced the position that this faulty view of
equitable estoppel essentially rewarded “wrongdoers” for deceitful
conduct. Falling Water argued that it was protected by Georgia’s eight
year limitation on deficient construction claims, and the law could not
be superseded by equitable estoppel.
The Court ruled 4-3 in favor of Falling Water based on the statute of
repose. The majority believed that even if the fraud was actually
committed, the builder was entitled to protection from claims brought 11
years later. In essence, the complaint would only have been valid if it
had been filed within eight years of the date of completion.
In the opinion for the majority, Judge Harold Melton outlined how the
statute of repose established the time limitations for a plaintiff’s
claim. Since Rosenberg was not injured until many years after the
statute had expired, he never had a legitimate legal claim against
Falling Water. Writing for the minority, Chief Justice Hunstein
expressed concern that the majority opinion lacked a foundational basis
for distinguishing between cases that fell outside the parameters of the
statute, and those where damages occurred after the statute had
expired.
Although the Rosenberg case was tried in Georgia, every state has
laws relating to the statute of limitations. In Florida, civil cases
must generally be filed within four years of the original event, with
the exception of libel and malpractice which present a limitation of
only two years.
Personal injury claims can become complex, especially when they
involve multiple defendants from different companies. Anyone who has
suffered an injury as a result of fraud or negligence should immediately
contact a Florida Personal Injury Lawyer. Qualified attorneys work
diligently to protect their client’s rights and ensure that the claim is
not invalidated due to the expiration of the statute of limitations.
