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DEWITT v. EVEREADY BATTERY CO., INC.

No. COA00-695.

550 S.E.2d 511 (2001)

Franklin R. DEWITT, Plaintiff, v. EVEREADY BATTERY CO., INC., Defendant.

Court of Appeals of North Carolina.

June 19, 2001.

Attorney(s) appearing for the Case

Homesley, Jones, Gaines, Homesley & Dudley, by Clifton W. Homesley and Andrew J. Wingo, Mooresville, for plaintiff-appellant.

Templeton & Raynor, P.A., by Kenneth R. Raynor and Erik A. Schwanz, Charlotte, for defendant-appellee.

GREENE, Judge.

Franklin R. DeWitt (Plaintiff) appeals an order filed 7 March 2000 granting summary judgment in favor of Eveready Battery Co., Inc. (Defendant).

In a complaint filed 10 September 1997, Plaintiff alleged products liability claims against Defendant based on theories of negligence and breach of warranty. Plaintiff's pleadings and deposition testimony allege the following: On 10 December 1995, Plaintiff...

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