Nash v. Tindall Corp.

SHORT, J.:

Mark Nash, Joel Kennedy, David Prosser, Denise Prosser, Jerry Stevens, and Joyce Million (collectively Plaintiffs) appeal the trial court’s grant of summary judgment to Tindall Corporation. Plaintiffs argue the trial court erred in applying North Carolina’s statute of repose and holding as an alternative sustaining ground that Plaintiffs’ claims for willful and wanton conduct and gross negligence were barred by the doctrines of res judicata and collateral estoppel. We affirm. 1

FACTS

Tindall designed prestressed concreted double tees, some of which were used to support the pedestrian…