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PEMBEE MFG. CORP. v. CAPE FEAR CONST. CO., INC.

No. 457A84.

329 S.E.2d 350 (1985)

313 N.C. 488

PEMBEE MFG. CORP. v. CAPE FEAR CONSTRUCTION CO., INC., T.R. Driscoll Sheet Metal Works, Inc., and Koonce, Noble and Associates, Inc.

Supreme Court of North Carolina.

May 7, 1985.

Attorney(s) appearing for the Case

Hollowell & Silverstein, P.A. by Thaddeus B. Hodgdon, Everett E. Dodd, and Ward, Strickland & Kinlaw by Earl Strickland, for plaintiff-appellant Pembee Mfg. Corp.

McLean, Stacy, Henry & McLean by J. Dickson McLean, Jr., for defendant-appellee Cape Fear Const. Co., Inc.

Lee & Lee by David F. Branch, Jr., for defendants-appellees T.R. Driscoll Sheet Metal Works, Inc. and Noble & Associates, Inc.

MEYER, Justice.

The sole issue on appeal is whether the evidentiary forecast disclosed the existence of a genuine issue of material fact concerning whether the plaintiff knew or should reasonably have known of the defective condition more than three years prior to the filing of this action so as to preclude summary judgment in favor of defendants based on the applicable statute of limitations.1 We hold that no triable issue of

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