Marian Hatcher v. Allied Products Corp., Third-Party John Deere Company, Deere & Company, Edwin E. Brown, D/B/A Brown's Well Drilling, Third-Party

GREGORY, Justice

dissenting.

The interpretation placed on OCGA § 51-1-11(b)(2) by the majority will in some cases lead to unreasonable results in my opinion, therefore I respectfully dissent. If someone is injured by the use of personal property on the last day, or very near the end, of the ten year period commencing with the date of first sale, there is a great likelihood the injured person would have no opportunity to file suit within the ten year period. I think it much more reasonable to require that the injury occur within the ten year period but then allow the usual two year statutory period thereafter for filing suit. Since I view this as the reasonable approach to a resolution of the problem I would attribute such an intention to the General Assembly through the enactment of OCGA § 51-1-11(b)(2).

I am authorized to state that Justice SMITH and Justice BELL join in this dissent.