Phillips v. ABC Builders, Inc
In Phillips v. ABC Builders, Inc., 611 P.2d 821, 826 (Wyo. 1980), the Court struck down a ten-year statute of limitation that immunized a class of defendants from certain enumerated liabilities arising from their involvement in real property improvements.
The statute had the effect of granting a special immunity to architects and contractors. 611 P.2d at 825. Conversely, it limited a specific class of plaintiffs from full recovery-those who suffered damages as a result of the negligence of an architect or contractor.
"'The arbitrary quality of the statute clearly appears when we consider that architects and contractors are not the only persons whose negligence in the construction of a building or other improvement may cause damage to property or injury to persons.'" Id.
"'That the statute benefits all architects and construction contractors is significant only if the benefits conferred upon them are not denied to others similarly situated.'" Id. at 826.
The Court held in part that the statute granted immunity from suit for only a narrow spectrum of defendants in violation of the equal protection provisions. Id. at 831.