STRICKLAND v. DRI-SPRAY DIV., ETC.

No. 8011SC466.

275 S.E.2d 503 (1981)

Kermith Morris STRICKLAND v. DRI-SPRAY DIVISION EQUIPMENT DEVELOPMENT, a corporation, and Leawon F. Johnson, d/b/a Johnson Paint and Wallpaper and Ransburg Corporation, a corporation and Spraying Systems Co., Inc., a corporation.

Court of Appeals of North Carolina.

March 3, 1981.


Attorney(s) appearing for the Case

Hugh C. Talton, Jr., Smithfield, for plaintiff-appellant.

Johnson, Patterson, Dilthey & Clay by Ronald C. Dilthey and Paul L. Cranfill, Raleigh, for defendant-appellee Leawon F. Johnson, d/b/a Johnson Paint and Wallpaper.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by C. Ernest Simons, Jr., Raleigh, for defendant-appellee Spraying Systems Co., Inc.


MORRIS, Chief Judge.

Plaintiff asserts that it was error for the court to allow either motion for summary judgment. He contends that there were triable issues of fact as to whether defendants knew of prior injuries resulting from the use of this model sprayer, and whether defendants warned plaintiff of any danger in using the sprayer.

Due to the similarity of the contentions of the parties and the applicable law, we will consider the court's action with regard...

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