Nifong v. C. C. Mangum, Inc.

Judge Wynn

dissenting.

Assuming that the “completed and accepted work” doctrine should remain valid in North Carolina1 and further, that it applies in this case, I believe that the plaintiff forecasted evidence sufficient to overcome summary judgment. Plaintiff’s evidence establishes an issue of fact as to whether the contractor should be liable under an exception to the “completed and accepted work” doctrine. For while, as the majority points out, there is testimony to the contrary, when *771viewed in a light most favorable to the non-moving party, the testimony of the plaintiff’s expert, Don…