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STARK EX REL. JACOBSEN v. FORD MOTOR CO.

No. 313PA10.

723 S.E.2d 753 (2012)

Cheyenne Saleena STARK, a Minor, and Cody Brandon Stark, a Minor, by their Guardian ad Litem, Nicole JACOBSEN v. FORD MOTOR COMPANY, a Delaware Corporation.

Supreme Court of North Carolina.

April 13, 2012.

Attorney(s) appearing for the Case

Wyrick Robbins Yates & Ponton LLP, Raleigh, by K. Edward Greene and Tobias S. Hampson ; and Gilbert and Ollanik, P.C., by James L. Gilbert , pro hac vice, for plaintiff-appellees.

Kilpatrick Townsend & Stockton LLP, Winston-Salem, by Adam H. Charnes , Richard J. Keshian , and Richard D. Dietz ; and Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan L.L.P., Raleigh, by Kirk G. Warner and Christopher R. Kiger , for defendant-appellant.

Edward Eldred , Attorney at Law, PLLC, Carrboro, for The Covenant With North Carolina's Children and KidsAndCars.org, amici curiae.

Yates, McLamb & Weyher, LLP, Raleigh, by Dan J. McLamb , for National Association of Manufacturers, Chamber of Commerce of the United States of America, American Tort Reform Association, and Property Casualty Insurers Association of America, amici curiae.

Michael W. Patrick , Chapel Hill, for North Carolina Advocates for Justice, amicus curiae.

Poyner Spruill LLP, Raleigh, by Steven B. Epstein , for North Carolina Association of Defense Attorneys and North Carolina Chamber, amici curiae.

I. Beverly Lake Jr. , Raleigh, pro se, and for former members of the North Carolina General Assembly H. Parks Helms, Robert B. Jordan, III, I. Beverly Lake Jr., and H. Martin Lancaster, amici curiae.

Womble Carlyle Sandridge & Rice, PLLC, Raleigh, by Burley B. Mitchell, Jr. , William F. Womble, Jr. , James R. Morgan, Jr. , and John E. Pueschel , Winston-Salem, for Product Liability Advisory Council, amicus curiae.

NEWBY, Justice.

This case presents the question whether the product alteration or modification defense provided to manufacturers and sellers in products liability actions by section 99B-3 of our General Statutes applies only if the one who altered or modified the product is a party to the litigation at the time of trial.1 By its plain language, section 99B-3 protects manufacturers and sellers from liability for injury proximately caused...

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