concurring.
I agree with the majority that KRS 413.-135 is not intended to apply to manufacturers and suppliers of products and materials used as component parts in the construction of improvements to real property, and thus that it does not apply to the pending products liability action against aluminum wire manufacturers. The court’s opinion, however, goes further than necessary to answer the question certified by indicating that, if KRS 413.135 were to apply here, it would be construed to be “special” legislation which violates section 59(5) of the Constitution.
Because the court has answered the question certified by indicating that KRS 413.135 does not apply to manufacturers and suppliers of products and materials, there is no need to address the section 59 issue. By needlessly addressing that issue, the court has effectively committed itself to declaring KRS 413.135 to be unconstitutional “special” legislation when the issue arises in the future.
I strongly believe in the principle of judicial restraint. I respectfully decline, therefore, to concur in the portion of the court’s opinion which needlessly commits it to declaring a statute to be unconstitutional “special” legislation.