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SAWYER v. FOOD LION, INC.

No. COA00-533.

549 S.E.2d 867 (2001)

Christopher S. SAWYER, Plaintiff, v. FOOD LION, INC., Wm. C. Vick Construction Co., Commercial Refrigeration of Virginia, Inc., and Frostemp Mechanical, Inc., Defendants.

Court of Appeals of North Carolina.

June 19, 2001.

Attorney(s) appearing for the Case

Beaver, Holt, Richardson, Sternlicht, Burge & Glazier, P.A., by Mark A. Sternlicht, Fayetteville, for plaintiff-appellant.

Poyner & Spruill, L.L.P., by Douglas M. Martin and Rebecca B. Wofford, Charlotte, for defendant-appellee Food Lion, Inc.

Patterson, Dilthey, Clay & Bryson, L.L.P., by Reid Russell, Raleigh, for defendant-appellee Wm. C. Vick Construction Co.

Teague, Campbell, Dennis & Gorham, L.L.P., by J. Matthew Little, Raleigh; and Barber & Associates, P.A., by Sean T. Partrick, Greenville, for defendants-appellees Commercial Refrigeration of Virginia, Inc., and Frostemp Mechanical, Inc.

CAMPBELL, Judge.

Christopher Sawyer ("plaintiff") was working as an acoustical ceiling installer for Asheville Acoustics. Asheville Acoustics had been hired by the general contractor, Wm. C. Vick Construction Co. ("Vick"), to install ceiling tiles in a new addition to a Food Lion store in Cumberland County.

Ceiling tiles are placed individually by hand, and require the installer to stand on a scaffold and place the tile overhead, fitting it into a ceiling...

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