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HAMBY v. PROFILE PRODUCTS, L.L.C.

No. COA05-1491.

632 S.E.2d 804 (2006)

Lennie and Bonnie HAMBY, Plaintiffs, v. PROFILE PRODUCTS, L.L.C., Terra-Mulch Products, L.L.C., Roy D. Hoffman, and Electric Service Group, Inc., Defendants.

Court of Appeals of North Carolina.

August 15, 2006.

Attorney(s) appearing for the Case

Moss, Mason & Hill, by Joseph W. Moss and Matthew L. Mason, Greensboro, for defendant Profile Products, L.L.C.

Jones, Martin, Parris & Tessener Law Offices, P.L.L.C., by John Alan Jones and G. Christopher Olson, Raleigh, for plaintiffs.

Shumaker, Loop & Kendrick, L.L.P., by William H. Sturges and Patricia Wilson Magee, Charlotte, Kennedy, Covington, Lobdell & Hickman, L.L.P., by William G. Scoggin, Raleigh, for North Carolina Citizens for Business and Industry, amicus curiae.

Gregory C. York, Morris, York, Williams, Surles & Barringer, LLP, Charlotte, for Electric Service Group, defendant-appellee.

HUDSON, Judge.

Plaintiffs Lennie and Bonnie Hamby brought this action against defendants Roy Hoffman, Terra-Mulch, L.L.C. ("Terra-Mulch"), and Profile Products, L.L.C. ("Profile"), and Electric Service Group, Inc.("ESG"), for personal injuries sustained in a workplace accident. All defendants moved for summary judgment on grounds that plaintiffs could not satisfy the legal standard required to overcome the protections of...

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