Sellers v. Friedrich Refrigerators, Inc.

VAUGHN, Judge.

The determination of this controversy requires consideration of G.S. 1-50(5) which was enacted in 1963 and is as follows:

“(5) No action to recover damages for any injury to property, real or personal, or for an injury to the person, or for bodily injury or wrongful death, arising out of the defective and unsafe condition of an improvement to real property, nor any action for contribution or indemnity for damages sustained on account of such injury, shall be brought against any person performing or furnishing the design, planning, supervision of construction or construction of…