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NICHOLSON v. AMERICAN SAFETY UTILITY CORP.

No. 486PA96.

488 S.E.2d 240 (1997)

Tony B. NICHOLSON v. AMERICAN SAFETY UTILITY CORPORATION, Duke Power Company and North Hand Protection, a division of Siebe, Inc., Siebe Industries, Inc., and Sie be PLC.

Supreme Court of North Carolina.

July 24, 1997.

Attorney(s) appearing for the Case

Twiggs, Abrams, Strickland & Trehy, P.A. by Douglas B. Abrams, Raleigh, for plaintiff-appellee.

Cranfill, Sumner & Hartzog, L.L.P. by Robert W. Sumner and H. Lee Evans, Jr., Raleigh, for defendant-appellant American Safety Utility Corp.

Smith Helms Mulliss & Moore, L.L.P., by James G. Exum, Jr., Richard W. Ellis, and Leslie C. O'Toole, Raleigh, for defendants-appellants Siebe North, Inc. and Siebe Holdings Corp.

John N. Hutson, Jr., and Scott A. Miskimon, Raleigh, amici curiae.

Battle, Winslow, Scott & Wiley, P.A., by Sam S. Woodley, Rocky Mount, on behalf of The North Carolina Association of Defense Attorneys, amicus curiae.

FRYE, Justice.

In the main issue on this appeal, we consider the defense of contributory negligence as codified in N.C.G.S. § 99B-4(3) and its application to products liability claims brought by plaintiff to recover for injuries sustained in an accident. We affirm the Court of Appeals on the issues of defendants' negligence and defendant Siebe's breach of implied warranty for the reasons stated in its opinion. We further conclude that the Court of Appeals erred...

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