Ziglar v. E. I. Du Pont De Nemours & Co.

VAUGHN, Judge.

Though this appeal is interlocutory because the judgment entered did not adjudicate all of the claims in the case or dispose of the cause as to all of the parties, Bailey v. Gooding, 301 N.C. 205, 270 S.E. 2d 431 (1980), we have elected, in our discretion, to treat the “appeal” as a petition for a writ of certiorari and shall proceed to address the merits of the case. G.S. 7A-32(c); App. R. 21(a).

The sole issue is whether the manufacturer and retail seller of an inherently dangerous toxic substance were entitled to summary judgment on plaintiff’s products liability claims. 1

It…