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SMITH v. FIBER CONTROLS CORP.

No. 7922SC151.

261 S.E.2d 247 (1980)

44 N.C. App. 422

James Keith SMITH v. FIBER CONTROLS CORPORATION.

Court of Appeals of North Carolina.

January 8, 1980.

Attorney(s) appearing for the Case

Homesley, Jones, Gaines, Dixon & Fields by Edmund L. Gaines, Statesville, for plaintiff-appellant.

James P. Crews and Rodney A. Dean, Golding, Crews, Meekins, Gordon & Gray, Charlotte, for defendant-appellee.

The North Carolina Academy of Trial Lawyers by C. Frank Goldsmith, Jr., Marion, and Tim L. Harris, Harris & Bungardner, Gastonia, as amicus curiae.

ARNOLD, Judge.

Plaintiff and amicus curiae argue that contributory negligence should not have been available as a defense in this action, and that defendant should have been held strictly liable. It has long been the rule in North Carolina, however, that a manufacturer's duty to those who use his product is tested by the law of negligence. See Corprew v. Chemical Corp., 271 N.C. 485, 157 S.E.2d 98...

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