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Law Offices of Michael E. Douglas
P.O. Box 251551
Woodbury, Minnesota 55125-6551

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Chicago Avenue Partners, Ltd. v. Broan-Nutone, LLC: TORTS - 541.051 statute of repose barred claims regarding fans required by building code; ordinary building material

1Unlike Integrity Floorcovering, Inc., Chicago Avenue Partners, Ltd. contended
the bathroom fan at issue was not hard-wired into the building structure, but utilized
a plug. This difference does not alter the conclusions reached here. Whether
considered fully hard-wired or not, the fan required installation significantly beyond
plugging the unit into an outlet. The fan required ventilation directly to the outside
air, not into walls or ceiling space. The fan was to be fastened by nails into a stud or
joist, with a duct run to a hole in the roof or wall. Assembly required the services of
someone “. . . familiar with methods of installing electrical wiring . . . [or] a qualified
United States Court of Appeals
No. 07-1784
Chicago Avenue Partners, Ltd., *
Appellant, **
Appeal from the United States
v. * District Court for the
* District of Minnesota.
Broan-Nutone, LLC, *
Appellee. *
Submitted: December 14, 2007
Filed: April 7, 2008
Before RILEY, COLLOTON, and BENTON, Circuit Judges.
RILEY, Circuit Judge.
The facts of this case are virtually identical to those outlined in Integrity
Floorcovering, Inc. v. Broan-Nutone, LLC, No. 07-1824.1 We incorporate by
electrician.” The fan had to be connected to the building’s power supply by bringing
the power cable to the fan, and also utilizing a ground wire and grounding clip.
reference our opinion in No. 07-1824 and, for the reasons outlined there, affirm the
judgment of the district court.


  What day were you injured?

  / /

  What caused your injuries?
Traffic/Bicycle Accident
Work-Related Injury
Wrongful Death
Dog Bite
Slip and Fall

  How have your injuries affected

  your life?


  What kinds of medical care
  professionals have you seen?


  What has your treatment cost?


  Is Insurance Involved?
My insurance may cover

Someone else's insurance
        may cover this.

I already filed a claim.
I rejected a settlement

I accepted a settlement

  Were there any witnesses?
Bystanders Witnessed This.
Police Responded and Filed
        a Police Report

Police Responded but Did
        Not File a Police Report



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Minnesota Law Firm representing Personal Injury, Car / Auto Accident, Workers Compensation, Medical Malpractice, Social Security Disability claims.
Dedicated to Injured Workers, Victims of Negligence, Car Accidents, Victims of Fraud, and those in need of legal assistance.