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HAYMORE v. THEW SHOVEL CO.

No. 9321SC190.

446 S.E.2d 865 (1994)

Wilson HAYMORE and Sandra Lee Haymore, Plaintiffs, v. The THEW SHOVEL COMPANY, Lorrain Crane, and the Koehring Company, Defendants and Third-Party Plaintiffs, v. ALLIED SIGNAL, INC., Third-Party Defendant.

Court of Appeals of North Carolina.

August 16, 1994.

Attorney(s) appearing for the Case

Blanchard, Twiggs, Abrams & Strickland, P.A. by Douglas B. Abrams, Raleigh, for plaintiff-appellants.

Wishart, Norris, Henninger & Pittman, P.A. by June K. Allison and Robert J. Wishart, Burlington, for defendant-appellees and third party plaintiffs.

ORR, Judge.

I.

Plaintiff contends that the trial court erred by not ruling as a matter of law that Koehring was the apparent manufacturer of the subject boom brake cylinder. We believe that the trial judge was correct in allowing the jury to decide this question.

This Court considered a similar scenario in Warzynski v. Empire Comfort Systems, Inc., 102 N.C. App. 222, 401 S.E.2d 801 (1991). Warzynski<...

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