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SMITH v. SELCO PRODUCTS, INC.

No. 8926SC79.

385 S.E.2d 173 (1989)

Sean P. SMITH, Plaintiff, v. SELCO PRODUCTS, INC., Defendant.

Court of Appeals of North Carolina.

November 7, 1989.

Attorney(s) appearing for the Case

Cannon & Blair by Bentford E. Martin and Paul A. Reichs, Charlotte, for plaintiff-appellant.

Golding, Meekins, Holden, Cosper & Stiles by Frederick C. Meekins, and Rodney A. Dean, Charlotte, for defendant-appellee.

Blanchard, Twiggs, Abrams & Strickland by Douglas B. Abrams, Raleigh, for North Carolina Academy of Trial Lawyers, amicus curiae.

ARNOLD, Judge.

The only issue we will review is whether the basis of the summary judgment order for defendant, that the plaintiff was contributorily negligent, is supported by the records, briefs, and other arguments. Selco argues that plaintiff was guilty of negligence under two separate sub-parts of N.C. G.S. § 99B-4: that his failure to obey a cautionary decal affixed to the baler constituted contributory negligence under N.C. G.S. § 99B-4(1); and that...

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