Patel v. Fleur de Lis Motor Inns, Inc.

• Decision Date: 21 June 1991
• Docket Number: Civ. No. 89-263-B.
• Parties: Harsh Bhupendrabhai PATEL and Uthkarsh Bhupendrabhai Patel, as Co-executors of the Estate of Bhupendra Patel, Plaintiffs, v. FLEUR DE LIS MOTOR INNS, INC.; and Gilmer Potteries, Inc., Defendants, and State of Iowa, Intervenor. GILMER POTTERIES, INC., Third-Party Plaintiff, v. PASUTTI BROTHERS TILE, INC., et al., Third-Party Defendants.
• Court: U.S. District Court — Southern District of Iowa

771 F. Supp. 961

Harsh Bhupendrabhai PATEL and Uthkarsh Bhupendrabhai Patel, as Co-executors of the Estate of Bhupendra Patel, Plaintiffs, v. FLEUR DE LIS MOTOR INNS, INC.; and Gilmer Potteries, Inc., Defendants, and State of Iowa, Intervenor.

GILMER POTTERIES, INC., Third-Party Plaintiff, v. PASUTTI BROTHERS TILE, INC., et al., Third-Party Defendants.

Civ. No. 89-263-B.

United States District Court, S.D. Iowa, C.D.

June 21, 1991.

COPYRIGHT MATERIAL OMITTED

Mark A. Roeder, Roeder Law Firm, Manchester, Iowa, for plaintiffs.

David L. Phipps, Whitfield, Musgrave & Eddy, James C. Huber, Jones, Hoffman & Huber, Paul Thune, Peddicord, Wharton, Thune & Foxhoven, Des Moines, Iowa, for defendants.

Dennis W. Johnson, James E. Brick, Brick, Seckington & Bowers, Des Moines, Iowa, John A. Templer, Jr., Thomas M. Cunningham, Shearer, Templer & Pingel, West Des Moines, Iowa, for third party defendants.

MEMORANDUM OPINION AND RULING GRANTING MOTION FOR SUMMARY JUDGMENT

VIETOR, Chief Judge.

Bhupendra Patel was a guest at the Airport Hilton Inn in Des Moines, Iowa. As Patel exited the shower in his room, he grabbed the handle portion of a soap dish attached to the wall. The soap dish detached, and Patel fell. On August 30, 1990, Bhupendra Patel died from causes unrelated to his fall at the hotel. The co-executors of Patel's estate, Harsh Bhupendrabhai Patel and Uthkarsh Bhupendrabhai Patel, have been substituted as party plaintiffs. For convenience, I will refer to plaintiffs as "Patel."

On April 7, 1989, Patel filed suit against the owner of the hotel, Fleur de Lis Motor Inns, Inc. ("hotel"). Patel amended his complaint on May 8, 1989, to name as an additional defendant the manufacturer of the soap dish, Gilmer Potteries, Inc. ("Gilmer"). On March 23, 1990, Gilmer filed a third-party complaint against the architect of the hotel, Frevert-Ramsey-Drey Architects-Engineers, Inc., now known as Frevert-Ramsey-Kobes Architects-Engineers, Inc., ("architect"), and against the installers of the soap dish, Pasutti Brothers Tile, Inc., Edward Pasutti, Rich Pasutti, and Bill Pasutti (collectively referred to as "subcontractor"). Neither Patel nor the hotel have brought a claim against the architect or subcontractor. The hotel has not brought a claim against Gilmer.

Gilmer moves for summary judgment against Patel on the basis of a statute of limitations, Iowa Code § 614.1(11). Patel resists, in part challenging the constitutionality of section 614.1(11). Pursuant to 28 U.S.C. § 2403(b), the State of Iowa intervenes in support of the statute's constitutionality. The architect and subcontractor separately move for summary judgment against Gilmer on the basis of the same statute of limitations. Gilmer resists. I heard oral arguments, and the motions are submitted.

I. Summary Judgment Standard

Rule 56 of the Federal Rules of Civil Procedure provides summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(e). To preclude the entry of summary judgment, the nonmovant must make a sufficient showing on every essential element of its case for which it has the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322-323, 106 S.Ct. 2548, 2552-2553, 91 L.Ed.2d 265 (1986); Continental Grain Co. v. Frank Seitzinger Storage, Inc., 837 F.2d 836, 838 (8th Cir.1988). Rule 56(e) requires the nonmoving party to go beyond the pleadings and by affidavits, or by the "depositions, answers to interrogatories, and admissions on file," designate "specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(e); Celotex, 477 U.S. at 324, 106 S.Ct. at 2553; Johnson v. Schopf, 669 F.Supp. 291, 295 (D.Minn.1987). The quantum of proof that the nonmoving party must produce is not precisely measurable, but it must be "enough evidence so that a reasonable jury could return a verdict for the nonmovant." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 257, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986); Johnson, 669 F.Supp. at 295-96.

On a motion for summary judgment, the court views all the facts in the light most favorable to the nonmoving party, and gives that party the benefit of all reasonable inferences that can be drawn from the facts. United States v. City of Columbia, Mo., 914 F.2d 151, 153 (8th Cir.1990); Woodsmith Publishing Co. v. Meredith Corp., 904 F.2d 1244, 1247 (8th Cir.1990).

II. Facts

On October 17, 1968, architect entered into an agreement with hotel to design a set of plans and specifications for the Airport Hilton. In its specifications, architect included the use of a recessed soap dish to be placed in the wall by every bathtub. This specification was finalized in June 1970, and no revisions to the design of the Airport Hilton affecting the soap dish specification occurred after that time.

Gilmer designed and manufactured the soap dishes. Subcontractor purchased the soap dishes on January 16, 1974, and February 28, 1974, and completed installing the soap dishes before May 1, 1974. At oral argument, plaintiffs asserted that invoices # # 33675 and 37801 raise a question of fact as to when subcontractor installed the soap dishes because these invoices are dated after May 1, 1974. The invoices are not very legible, but from what can be discerned, they do not mention the soap dishes. These invoices are insufficient, as a matter of law, to raise a fact issue concerning Gilmer's manufacture date.

III. Gilmer's Motion

Gilmer asserts that Patel's action against it is barred by Iowa's statute of limitations for actions regarding improvements to real property:

In addition to limitations contained elsewhere in this section, an action arising out of the unsafe or defective condition of an improvement to real property based on tort and implied warranty and for contribution and indemnity, and founded on injury to property, real or personal, or injury to the person or wrongful death, shall not be brought more than fifteen years after the date on which occurred the act or omission of the defendant alleged in the action to have been the cause of the injury or death. However, this subsection does not bar an action against a person solely in the person's capacity as an owner, occupant, or operator of an improvement to real property.

Iowa Code § 614.1(11). Patel argues this section does not bar his claims against Gilmer for a number of reasons: (1) the soap dish is not "an improvement to real property;" (2) the statute is limited to actions based on "tort and implied warranty and for contribution and indemnity," whereas this action is based on tort and implied warranty, but not contribution and indemnity; (3) the action was commenced within 15 years of Gilmer's acts or omissions; and (4) the statute violates the constitutions of the State of Iowa and of the United States.

A. Improvement to Real Property

When faced with similar statutes, courts have adopted two approaches in determining whether a particular item is an "improvement to real property": first, whether common law would classify the property as a fixture to real property, rather than personalty; and second, whether the property is an "improvement" in its ordinary meaning. Stanske v. Wazee Elec. Co., 722 P.2d 402, 406-07 (Colo.1986) (en banc). Regardless of approach, I conclude that the soap dish is an improvement to real property within the meaning of Iowa Code § 614.1(11).

Under Iowa common law, personal property becomes a fixture when:

(1) it is actually annexed to the realty, or to something appurtenant thereto;

(2) it is put to the same use as the realty with which it is connected; and

(3) the party making the annexation intends to make a permanent accession to the freehold.

Ford v. Venard, 340 N.W.2d 270, 271 (Iowa 1983). Because the soap dish was actually attached to the hotel, the first element is met. The soap dish was also put to the same use as the realty to which it was connected. The hotel's business is to provide a comfortable place for its guests to stay. This includes bathing facilities, of which a soap dish is part.

Patel suggests the soap dish was not intended to be a permanent accession. Edward Pasutti, one of the installers, testified at his deposition that the soap dish was installed on sheetrock, and that sheetrock installations are not permanent. E. Pasutti Dep. at 9-10, 16-17, 21-22. Although the life expectancy of the installation is about five years, Pasutti also indicated that proper maintenance extends the life of the soap dish installation. Id. at 22-24. An improvement does not need to last the life of the building to which it is annexed in order to be a permanent accession to property. For example, shingles on a roof are fixtures even though the owner anticipates their replacement. That the soap dish will last many years with proper maintenance is sufficient.

Using the ordinary meaning approach, the Minnesota Supreme Court defined an improvement as "a permanent addition to or betterment of real property that enhances its capital value and that involves the expenditure of labor or money and is designed to make the property more useful or valuable as distinguished from ordinary repairs." Pacific Indem. Co. v. Thompson-Yaeger, Inc., 260 N.W.2d 548, 554 (Minn. 1977) (quoting Kloster-Madsen, Inc. v. Tafi's Inc., 303 Minn. 59, 63, 226 N.W.2d 603, 607 (1975)). Applying this standard, one court concluded that a garage door opener is an improvement to real property. Henry v. Raynor Mfg. Co., 753 F.Supp. 278, 281 (D.Minn.1990). Likewise, the soap dish is an improvement to real property.

B. Causes of Action Covered by Statute

"In interpreting statutes a court must look to the object to be accomplished and interpret the statute so that it will best effect rather than defeat the...