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Presently before the court in this personal injury action are motions to dismiss filed by defendants John B. Sullivan, Jr. Corp., Robie Construction Company and T.F. Moran, Inc. The motions assert that the claims against these defendants are time barred under RSA 508:4-b (1997), the eight year statute of repose applicable to actions “arising out of any deficiency in the creation of an improvement to real property.” Although plaintiffs contend that this statute is unconstitutional, I disagree and therefore grant the motions.

On August 12, 1998, Carrie L. Morse (“Plaintiff”) slipped and fell at the Food Court of the Steeplegate Mall in Concord, New Hampshire while in the course and scope of her employment. As a result of this accident, the Plaintiff filed a workers’ compensation claim with her employer’s workers’ compensation insurer, Royal & SunAlliance (“Royal”), who paid indemnity and medical benefits to the Plaintiff totaling $26, 543.66. The Plaintiff also filed a negligence lawsuit against certain Defendants, including Interstate Cleaning Corporation (“ICC”), the company allegedly responsible for maintaining and cleaning the floor at the Steeplegate Mall Food Court.