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JACKSON v. ASSOC. SCAFFOLDERS AND EQUIP.

No. COA01-608.

568 S.E.2d 666 (2002)

Larry E. JACKSON, Administrator of the Estate of Jeremy Scott Jackson, Plaintiff, v. ASSOCIATED SCAFFOLDERS AND EQUIPMENT COMPANY, INC. and Van Thomas Contractors, Inc., Defendants. Associated Scaffolders and Equipment Company, Inc., Third-Party Plaintiff-Appellant, v. Comfort Engineers, Inc., Third-Party Defendant-Appellee.

Court of Appeals of North Carolina.

September 3, 2002.

Attorney(s) appearing for the Case

Millberg & Gordon, PLLC, by William W. Stewart and John C. Millberg, Raleigh, for the third-party plaintiff.

Howard, Stallings, From & Hutson, PA, by B. Joan Davis, Brian E. Moore and Joseph H. Stallings, Raleigh, for the third-party defendant.

BRYANT, Judge.

On 27 October 1997, third-party defendant Comfort Engineers, Inc., contracted with third-party plaintiff Associated Scaffolders and Equipment Company, Inc., for Associated to erect a scaffold on the campus of the University of North Carolina at Chapel Hill. The scaffold was to be used by Comfort to install an exhaust system at the Medical Sciences Building. The agreement between Comfort and Associated for the erection of

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