Mahoney v. Ronnie's Road Service, Indian Head Industries, Inc.

JOHN, Judge.

Plaintiffs appeal the trial court’s grant of summary judgment in favor of defendants. Plaintiffs contend the statute of repose under N.C. Gen. Stat. § 1-50(6) (1983 & 1995 Cum. Supp.) is unconstitutional, and further argue that the provision in any event has no application to the breach of warranty claims in the case sub judice. We disagree.

Relevant background information is as follows: On 14 August 1991, plaintiff Jimmy Mahoney, an Arizona resident, was travelling through North Carolina in the course of his employment as a long distance moving van driver. Plaintiff discovered…