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HOLMES v. COLOMBO

No. 878SC1261.

377 S.E.2d 261 (1989)

Harry HOLMES, Guardian Ad Litem for John Holmes, a minor child, Plaintiff-Appellant, v. Michael COLOMBO, Administrator of the Estate of Karson Lee Conger, Deceased; Military Distributors of Virginia, Inc. and Thomas Built Buses, Inc., Defendants-Appellees.

Court of Appeals of North Carolina.

March 7, 1989.

Attorney(s) appearing for the Case

Taft, Taft & Haigler by Thomas F. Taft, Kenneth E. Haigler, Robert H. Hochuli, Jr. and James M. Stanley, Jr., Greenville, for plaintiff-appellant.

Sumrell, Sugg, Carmichael & Ashton by James R. Sugg and Rudolph A. Ashton, III, New Bern, for defendant-appellee Thomas Built Buses, Inc.

ORR, Judge.

For the reasons set forth in Warren v. Colombo, ___ N.C.App. ___, 377 S.E.2d 249 (1989), we hold that plaintiff's complaint sufficiently states a cause of action against defendant for enhanced injuries due to negligent design and manufacture of the school bus. Further, the trial court did not err in dismissing the complaint for failure to state a claim for which relief can be granted for strict liability and punitive...

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