Mt Lebanon School District v. WR Grace
Apr 29, 1992OUTCOME: For Appellee
In this opinion we are called upon to determine, inter alia, whether a school district may assert the doctrine of nullum tempus occurrit reqi to defeat the applicable statute of limitations in an actio ... n against a third party based [414 Pa.Super. 457] upon that party's sale to the school district of a product containing asbestos for use in the construction of additions to a school building within the district. Following a three week trial, a jury returned a verdict in favor of appellant, W.R. Grace and Company (hereinafter "Grace") and against the appellee, Mt. Lebanon School District (hereinafter "School District"). Subsequent to the filing of post-verdict motions, the trial court awarded the School District a new trial. The court found that it had erred in charging the jury on the applicable statute of limitations, concluding that "the doctrine of nullum tempus was applicable." Trial Court Opinion at 3. We agree with the trial court that the doctrine of nullum tempus was applicable in the instant case and that the granting of a new trial was proper. Hence, we affirm.
