District Court Judge Jerrod Shermoen, of the Ninth Judicial District, granted the motion for summary judgment brought by defense counsel Alexandra Zabinski and Tim Masterson agreeing that plaintiff’s claim was barred by the two year statute of limitations applicable to improvements to real estate. On the date in question, defendant was performing improvements to a docking area adjacent to a boat launch. The plaintiff tripped on some of the rubble from the renovation of the boat launch. The court declined to adopt the plaintiff’s position that the 6 year statute of limitation applied based a failure to warn and granted summary judgment to the defendant construction company.