A Plaintiff filed a lawsuit against a bank after he was struck by an automobile driven by drunk driver while the Plaintiff was using an outdoor night deposit box located near the exit of the drive-up automated teller machine (ATM) at the bank. The Plaintiff alleged that the bank knew or should have known that the location of the night deposit box was unreasonably dangerous because it was located near the exit lane of the drive-up ATM and that the bank should have done something to remedy that situation. Josh Yeager filed a motion for summary judgment on behalf of the bank. The court granted the motion in part, based on the ten-year construction statute of repose. The partial grant of summary judgment allowed Mr. Yeager to settle the remaining claims for a very reasonable amount.