• August 1, 2013

For plaintiff’s lawyers becoming beleaguered by more deadlines threatening their client’s right to bring a cause of action, such as those heralded by the new one-year filing requirement and implications of other new changes to the Minnesota Rules of Civil Procedure, there is a bit of good news.

On July 31, The Minnesota Supreme Court announced its decision in Sipe v. STS Manufacturing Inc..  A unanimous court (although without participation by Justices Stras and Wright) reversed the Minnesota Court of Appeals decision and held that a statutory cause of action is generally subject to a six year time limit.  Specifically, the court construed the two year provision of Minnesota Statute 541.07(1) relating to “other tort resulting in personal injury” as only applicable to common law torts.  By eliminating this broadly worded provision as a source for a shorter time limit, the court has made the six year time period under Minnesota Statute 541.05 subd.1(2) for actions “upon a liability created by statute” as the one most likely to control any statutory cause of action.

By Michael W. Unger.  Mr. Unger, of Unger Law Office, is a certified civil trial specialist who represents plaintiffs in personal injury, wrongful death and medical negligence cases.

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