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eBook details

• Title: Gillespie v. American Motors Corp.
• Author : Court of Appeals of North Carolina No. 8029SC603
• Release Date : January 21, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

The question which plaintiffs bring to this Court for review is whether their claims are barred by the statutes of limitation. It is urged that the negligence and strict liability causes of action were brought well within the six-year statute of limitations for product liability, as set out in G.S. 1-50(6). Plaintiffs further contend that the action was timely under G.S. 1-52(5), which prescribes a three-year statute of limitations for injury to the person not arising on contract, but limited by G.S. 1-52(16), which provides that such actions do not accrue until bodily harm or physical damage ""becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs."" Plaintiffs also argue that the cause of action for breach of warranty was filed within the three years allowed by G.S. 1-52(1) and as expanded by our decision in Styron v. Supply Co., 6 N.C. App. 675, 171 S.E.2d 41 (1969), regarding the continued unsuccessful attempts to repair the object of a repair contract.

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