DUNN v. PACIFIC EMPLOYERS INS. CO.

No. 9010SC485.

400 S.E.2d 63 (1991)

101 N.C. App. 508

Gloria Harris DUNN, Executrix of the Estate of Jerry Lewis Dunn, Deceased, Plaintiff, v. PACIFIC EMPLOYERS INSURANCE COMPANY; Loss Control Services, Inc.; David A. Fraser, Sc.D.; Ennis, Lumsden, Boylston & Associates, Inc.; MacDermid, Inc.; Circuit Services Corp.; Mallinckrodt, Inc., Enthone, Inc.; Ashland International Corp.; Photo Chemical Systems; and Chemtech Industries, Inc., Defendants.

Court of Appeals of North Carolina.

February 5, 1991.


Attorney(s) appearing for the Case

David H. Rogers, Raleigh, for plaintiff, appellant.

Poyner & Spruill by Beth R. Fleischman, Raleigh, for defendant, appellee Photo Chemical Systems, Inc.

Teague, Campbell, Dennis & Gorham, by George W. Dennis, III, Raleigh, for defendants, appellees Pacific Employers Ins. Co., Loss Control Services, Inc. and Chemtech Industries, Inc.

David V. Brooks, Cary, for defendant, appellee David A. Fraser, Sc.D.

Merriman, Nicholls & Crampton, P.A. by W. Sidney Aldridge, Raleigh, for defendant, appellee Ennis, Lumsden, Boylston & Associates, Inc.

Bailey & Dixon by Carson Carmichael, III, Raleigh, for defendant, appellee MacDermid, Inc.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Robert W. Sumner, Raleigh, for defendant, appellee Circuit Services Corp.

Manning, Fulton & Skinner by Michael T. Medford, Raleigh, for defendant, appellee Mallinckrodt, Inc.

Moore & Van Allen by Elizabeth M. Powell, Raleigh, for defendant, appellee Ashland Oil, Inc.

Haworth, Riggs, Kuhn & Haworth by John Haworth, High Point, for defendant, appellee Morton Intern., Inc. (Dynachem Div.).

LeBoeuf, Lamb, Leiby & MacRae by Margaret Madison Clarke, Raleigh, for defendant, appellee OMI Intern. Corp.


HEDRICK, Chief Judge.

Plaintiff's first assignment of error brought forward and argued on appeal is set out in her brief as follows:

The presiding judge at the hearings erred and abused his discretion in granting Defendants' various motions to dismiss Plaintiff's claims based upon the assertions that Plaintiff's Complaint failed to state a claim upon which relief could be based or was filed after the expiration of the applicable statute of limitations, on...

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