BROADWAY v. BLYTHE INDUSTRIES, INC.

No. 577A84.

326 S.E.2d 266 (1985)

James A. BROADWAY, Administrator of the Estate of Phillip Thompson v. BLYTHE INDUSTRIES, INC., Reliance Universal, Inc. of Ohio, d/b/a Carolina Concrete Pipe Company, the City of Charlotte, North Carolina and Lisk, Inc.

Supreme Court of North Carolina.

February 27, 1985.


Attorney(s) appearing for the Case

Chambers, Ferguson, Watt, Wallas & Adkins by James E. Ferguson II, Charlotte, for plaintiff-appellant.

Golding, Crews, Meekins, Gordon & Gray by Frederick C. Meekins and Henry C. Byrum, Jr., and Henry T. Drake, Wadesboro, for Howard Lisk, Inc., defendant-appellee.


MARTIN, Justice.

On or about 10 January 1982, five-year-old Phillip Thompson was crushed to death when a large concrete storm drainage pipe, weighing approximately eighteen hundred pounds and measuring approximately four feet in length, rolled over him as he and other young children played about the pipes. This pipe and others had been delivered on or about 31 December 1981 by Howard Lisk, Inc. ("Lisk"), a common carrier, to the construction site across the street...

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