Pardo

This is a wrongful death action brought by the personal representatives of the estate of Luis Pardo, whose death resulted from injuries he suffered while he was repairing a dump truck. Jurisdiction in the district court was based on diversity of citizenship, and Washington state law applies. The subject of the appeal is the summary judgment in favor of Knapheide Manufacturing Co. (“Knapheide”), the manufacturer of the bed of the dump truck.

This appeal involves an interpretation of a Washington state statute of repose for product liability claims. Wash.Rev.Code (“RCW”) § 7.72.060 (1992) bars a product liability claim where the product has passed its “useful safe life.” The district court based the summary judgment on the claim against Knapheide on the ground that it was barred by section 7.72.060. We have appellate jurisdiction under 28 U.S.C. § 1291 . We reverse.

I.

Facts

Luis Pardo was killed when the bed of a twenty-one-year-old dump truck fell on him as he was working underneath it. The truck was originally sold in 1968. It changed owners several times before it fell into the hands of Pardo’s employer, Kenneth Enslow, in 1986. Enslow asked Pardo to repair the crane mounted…