Legal Opinion

Boudreau v. Baughman

Supreme Court of North Carolina

Decided June 2, 1988No. 409PA87PublishedCited by 275 opinions

1Opinion of the Court

*333MARTIN, Justice.

The sole issue for review on this appeal is whether the trial court properly granted defendants’ motion for summary judgment. As a preliminary matter, however, this case poses a choice of law dilemma. We must determine which statute of repose applies to this products liability action: that of North Carolina, the forum state, or that of Florida, the state where the injury occurred. We hold that the Florida statute of repose applies and that summary judgment was inappropriately entered on plaintiffs negligence and strict liability claims.

Plaintiff brought this action on 5 March…

2Cases cited86 opinions

  1. Arnold G. Barwick v. The Celotex Corporation, Keene Corporation, Pittsburgh Corning Corporation, H.K. Porter, Forty-Eight Insulations, Inc.Court of Appeals for the Fourth Circuit · 1984
  2. Dickens v. PuryearSupreme Court of North Carolina · 1981
  3. West v. Caterpillar Tractor Company, Inc.Supreme Court of Florida · 1976
  4. Rosenberg v. Town of North BergenSupreme Court of New Jersey · 1972
  5. Pembee Mfg. Corp. v. Cape Fear Const. Co., Inc.Supreme Court of North Carolina · 1985

81 more not listed; retrieve them via the Exa API.

3Cited by275 opinions

  1. Dalton v. CampSupreme Court of North Carolina · 2001
  2. Waddle v. SparksSupreme Court of North Carolina · 1992
  3. Hataway v. McKinleyTennessee Supreme Court · 1992
  4. Southeastern Shelter Corp. v. BTU, INC.Court of Appeals of North Carolina · 2002
  5. Kent Stahle v. CTS CorporationCourt of Appeals for the Fourth Circuit · 2016

270 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API