Davis v. MOBILIFT EQUIPMENT CO., INC.

WHICHARD, Judge.

Defendant Mobilift Equipment Company, Inc. (Mobilift) sold an industrial lift truck to plaintiff-husband’s employer on 17 August 1973. While plaintiff-husband was operating the truck on 16 June 1980, a box fell from it, struck him, and caused permanent disabling injuries. Plaintiffs commenced this action on 2 July 1981 seeking damages for plaintiff-husband’s injuries and plaintiff-wife’s loss of consortium.

The trial court granted Mobilift’s motion for summary judgment, based on G.S. 1-50(6), which provides: “No action for the recovery of damages for personal injury, death or…