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VAN DYKE v. CMI TEREX CORP.

No. COA09-539.

689 S.E.2d 459 (2009)

Linda VAN DYKE, as Administratrix of the Estate of Paul Van Dyke, Plaintiff, v. CMI TEREX CORPORATION; Hauk Manufacturing Co.; Astec, a Subsidiary of Astec Industries, Inc.; Astec Industries, Inc.; Astec, Inc.; John William Copeland, III, individually; James T. Smith, individually; Robbie Robinson, individually; the Lane Construction Corporation; and City of Kings Mountain, Defendants.

Court of Appeals of North Carolina.

December 8, 2009.

Attorney(s) appearing for the Case

Cranfill Sumner & Hartzog, L.L.P., Charlotte, by Patrick H. Flanagan and Bradley P. Kline, Charlotte, for defendant-appellant Lane Construction Corporation.

White & Allen, P.A., Kinston, by Matthew S. Sullivan, Kinston, and Abrams & Abrams, P.A., by Douglas B. Abrams, Margaret S. Abrams and Noah B. Abrams, Raleigh, for plaintiff-appellee.

BRYANT, Judge.

Plaintiff Linda Van Dyke, as Administratrix of the Estate of Paul Van Dyke, filed this action on 29 October 2007 alleging breach of warranty and negligence claims against various manufacturers of plant equipment, Pleasant v. Johnson claims against certain employees of Rea Contracting, L.L.C. ("Rea"), and negligence claims against the City of Kings Mountain and appellant The Lane Construction Corporation ("Lane"). On 25 November 2008, Lane moved...

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