MAHONEY v. RONNIE'S ROAD SERVICE

No. COA94-706.

468 S.E.2d 279 (1996)

Jimmy MAHONEY and Judy Mahoney, Plaintiffs, v. RONNIE'S ROAD SERVICE, Indian Head Industries, Inc., and MGM Brakes, Defendants.

Court of Appeals of North Carolina.

April 2, 1996.


Attorney(s) appearing for the Case

Blanchard, Twiggs, Abrams & Strickland, P.A. by Douglas B. Abrams, Raleigh, and Gate & Mathers, Ltd. by Martin H. Mathers, Phoenix, AZ, for plaintiffs-appellants.

Yates, McLamb & Weyher, L.L.P. by Kirk G. Warner and Suzanne S. Lever, Raleigh, Raynor & Fisher by Mark E. Raynor, Jacksonville, for defendant-appellee Ronnie's Road Service.


JOHN, Judge.

Plaintiffs appeal the trial court's grant of summary judgment in favor of defendants. Plaintiffs contend the statute of repose under N.C. Gen.Stat. § 1-50(6)(1983 & 1995 Cum. Supp.) is unconstitutional, and further argue that the provision in any event has no application to the breach of warranty claims in the case sub judice. We disagree.

Relevant background information is as follows: On 14 August 1991, plaintiff Jimmy Mahoney...

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