Champs Convenience Stores, Inc. v. United Chemical Co.

FRYE, Justice.

In this appeal we consider whether the Court of Appeals erred in determining that this action is a products liability action and thus covered by the provisions of N.C.G.S. § 99B and in determining that plaintiff’s employee, under the facts of this case, was contributorily negligent as a matter of law. Defendant also raises five issues on cross-appeal dealing with jury instructions and the amount of damages awarded plaintiff. We conclude that the jury instructions given in this case make it unnecessary to decide whether the provisions of § 99B, more specifically the defenses…