Legal Opinion · Dissent

Thrift v. Food Lion, Inc.

Court of Appeals of North Carolina

Decided September 7, 1993No. 9221SC640Published

1Dissent

Judge Greene

dissenting.

I agree with the majority for the reasons given that Food Lion’s appeal must be dismissed. I disagree, however, with the broad assertion that all independent contractors are absolved from liability once their work is “completed and accepted” and that the summary judgment for Triangle Ice must therefore be affirmed.

The North Carolina courts have applied the “completed and accepted” rule only in the context of contracts for construction *766or repair,1 see Price v. Johnston Cotton Co., 226 N.C. 758, 40 S.E.2d 344 (1946) (construction of scaffold); Williams v. Charles Stores…

2Cases cited5 opinions

  1. Hairston v. Alexander Tank & Equipment Co.Supreme Court of North Carolina · 1984
  2. Williams v. . Stores Co., Inc.Supreme Court of North Carolina · 1936
  3. Kapalczynski v. Globe Construction Co.Michigan Court of Appeals · 1969
  4. Price v. Johnston Cotton Co. of WendellSupreme Court of North Carolina · 1946
  5. Willis v. . WhiteSupreme Court of North Carolina · 1909

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