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ESTRIDGE v. FORD MOTOR CO.

No. 9026SC444.

401 S.E.2d 85 (1991)

101 N.C. App. 716

Dana G. ESTRIDGE, Plaintiff, v. FORD MOTOR COMPANY, Defendant.

Court of Appeals of North Carolina.

February 19, 1991.

Attorney(s) appearing for the Case

Weaver, Bennett & Bland, P.A. by Bill G. Whittaker and Michael David Bland, Matthews, for plaintiff-appellant.

Office of General Counsel, Ford Motor Co. by Gary L. Hayden, Dearborn, Mich., Jay A. Gervasi, Jr., Maupin, Taylor, Ellis & Adams, P.A., Rock Hill, S.C., by M. Keith Kapp, Jay A. Gervasi, and Daniel K. Bryson, Raleigh, for defendant-appellee.

LEWIS, Judge.

This case presents the Court with one main issue: whether the trial court erred in granting the defendant's motion to dismiss the plaintiff's claim, which was based on the New Motor Vehicles Warranties Act, pursuant to North Carolina Rules of Civil Procedure 12(b)(6) and 41(b).

On 14 September 1987, the plaintiff leased an automobile from an authorized dealer of the defendant's products. The plaintiff alleged that the car began to malfunction...

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