FORSYTH MEMORIAL HOSPITAL, INC. v. ARMSTRONG WORLD IND., INC.

No. 319PA92—Forsyth.

444 S.E.2d 423 (1994)

336 N.C. 438

FORSYTH MEMORIAL HOSPITAL, INC., a North Carolina Nonprofit Corporation, and Carolina Medicorp, Inc., a North Carolina Nonprofit Corporation, v. ARMSTRONG WORLD INDUSTRIES, INC., a Pennsylvania Corporation.

Supreme Court of North Carolina.

June 17, 1994.


Attorney(s) appearing for the Case

Haywood, Denny, Miller, Johnson, Sessoms & Patrick by Michael Patrick, Chapel Hill, for plaintiff/appellant.

Hutchins, Tyndall, Doughton and Moore by H. Lee Davis, Jr. and Thomas J. Doughton, Winston-Salem, for defendant/appellee.


EXUM, Chief Justice.

This is an action arising out of the purchase and installation on plaintiffs' premises of asbestos-contaminated construction materials allegedly furnished by defendant. Plaintiffs filed suit sounding in negligence, breach of implied warranty and willful and wanton disregard for the rights of plaintiffs and others similarly situated. The issue presently dividing the parties concerns which statute of repose governs the action and whether such statute...

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