Appellant-Plaintiff Paula K. Orr (Orr), guardian of Nicolette Leeann Orr, appeals the dismissаl of her product lability suit against Appellee-Defendant Turco Manufacturing Comрany, Inc. (Turco).
We affirm.
ISSUES
Orr presents three issues, which we have restated, for our review:
1. whether the statute of limitations, IND. CODE 83-1-1.5-5, bars Orr's claim,
2. whether the trial court properly refused to сonsider the Minutes of the Select Joint Committee on Product Liability to interpret I.C. 38-1-1.5-5,
8. whethеr LC. 38-1-1.5-5 violates Article 1, § 12 of the Indiana Constitution.
FACTS
Nicolette was injured on February 19, 1979, while plаying on a swingset manufactured by Turco. She was 10 years old at the time. On June 28, 1988, Orr became guardian of Nicolette's estate. On June 30, 1983, Orr filed this action against Tur-co. Turco filed a motion to dismiss alleging the statute of limitations prohibited the action because it was filеd more than 2 years after the injury had occurred.
The court held a hearing on Turcо's motion on March 16, 1984. At the hearing Orr requested the court to take judicial *1302 notice of an uncertified photocopy of the Minutes of the Select Joint Committee on Product Liability. On March 20, Orr submitted a certified copy of the minutes. The court denied consideration of the minutes and granted Turco's motion to dismiss.
DISCUSSION AND DECISION
I. Statute of Limitations
Orr first claims the product liability statute of limitations, I.C. 88-1-1.5-5 does not apply to persons with a legal disability or minority status. establishеd by I.C. 84-1-2-5. This claim is without merit.
Contrary to Orr's assertions, I.C. 38-1-1.5-5 is clear and unambiguous as to the elimination of minority and legal disability in product liability actions. Thus, it is not subject to judicial interpretatiоn. Indiana Department of Public Welfare v. Guardianship of McIntyre (1984), Ind.App.,
See. 5. Statute of Limitatiоns. This section applies to all persons regardless of minority or legal disability. Notwithstаnding IC 34-1-2-5, any product liability action must be commenced within two (2) years after the causе of action accrues or within ten (10) years after the delivery of the product to the initial user or consumer; except that, if the cause of action accrues more than eight (8) years but not more than ten (10) years after that initial delivery, the action may be commenced at any time within two (2) years after the cause of action accrues.
It is clear there is no exemption from the product liability statute of limitations in Indiana for either minority or legal disability. Such is the mandate of our state Lеgislature. We are bound by their enactment.
In her reply brief Orr states our supreme cоurt in Barnes v. A.H. Robins Co., Inc. (1985), Ind.,
II. Minutes of Select Joint Committee
As stated in our discussion of Orr's first issue, the portion of I.C. 33-1-1.-5-5 shе challenges is not subject to judicial interpretation. Thus, the trial court did not err by refusing аdmission of the Minutes of the Select Joint Committee on Product Liability. When a statute is unambiguous, legislative history should not be used to determine its meaning. Peare v. McFarland,
III. Constitutionality
Orr finally cоntends I.C. 33-1-1.5-1, as it applies to minors, violates Article 1, § 12 of the Indiana Constitution. We disagree.
This statute previously has withstood challenge under Article 1, § 12 of the Indiana Constitution. In Daguе v. Piper Aircraft Corp. (1981),
As our supreme court further stated, and again as Orr recognized in her brief, in Rohrabaugh v. Wagoner (1980),
This Court held in Sherfey v. City of Brazil, (1987)213 Ind. 493 ,13 N.E.2d 568 , that the Legislature is not under mandate from the constitution to suspend the obligаtion of statutes of limitation in the case of infancy or incapacity. *1303 That holding is fatal to appellant's challenge to this statute pursuant to Art. I, § 12, of our state Constitution.
Likewise, we find the Rokrabaugh court's holding is fatal precedent to Orr's challenge of 1.C. 338-1-1.5-1 under Article 1, § 12 of our state Constitution.
Affirmed.